Pregnancy discrimination

Ending Gender Discrimination in the Workplace by Sarah Chon

Two recent Supreme Court decisions highlight some obstacles still impeding the goal of achieving of full gender equality in the workforce through the judicial system.  Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex in the workplace but in two recent cases, the Supreme Court narrowed the efficacy of Title VII as a remedial statute.  Congress has already taken action to overturn the first of the two cases but has not overturned the second.  Accordingly, significant barriers remain for female employees bringing Title VII discrimination cases.  Further, the cases establish a troubling precedent implying that pregnancy discrimination does not actually constitute sex discrimination. In the first case, Ledbetter v. Goodyear Tire & Rubber Co., the Supreme Court held that Lilly Ledbetter could not bring her pay discrimination claim against Goodyear because more than 180 days had passed since the alleged discriminatory act.[1] In 2009, Congress overturned the Ledbetter decision by amending Title VII to say that an unlawful employment practice occurs each time an individual is affected by the application of a discriminatory compensation decision.[2] The second case, AT&T v. Hulteen, involved a group of female employees at AT&T who took pregnancy leaves [read more]