AT&T Corporation v. Hulteen - US Supreme Court

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AT&T Corporation v. Hulteen (07-543)
Title VII, Pregnancy Discrimination Act: Failure to fully restore service credit for pre-1978 pregnancy leaves

Case below: Hulteen v. ATT&T Corporation (9th Cir en banc 08/17/2007) (14-1)
Official docket sheet
Certiorari granted June 23, 2008.
Oral argument: December 10, 2008.

Question presented:

Before the passage of the Pregnancy Discrimination Act of 1978 (PDA), it was lawful to award less service credit for pregnancy leaves than for other temporary disability leaves. Gilbert v. Gen. Elec. Co., 429 U.S. 125 (1976). Accordingly, the questions presented are

1. Whether an employer engages in a current violation of Title VII when, in making post-PDA eligibility determinations for pension and other benefits, the employer fails to restore service credit that female employees lost when they took pregnancy leaves under lawful pre-PDA leave policies.

2. Whether the Ninth Circuit’s finding of a current violation of Title VII in such circumstances gives impermissible retroactive effect to the PDA.

Certiorari Documents:

Petition for a writ of certiorari
Brief of respondents Noreen Hulteen, et al. in opposition
Reply of petitioner At&T Corporation
Brief amicus curiae of United States in support of granting the writ of certiorari
Supplemental brief of respondents in response to brief amicus curiae of the United States

Briefs on the merits:

Brief for Petitioner AT&T Corporation
Respondents' brief on the merits is due November 7, 2008
Brief for the ERISA Industry Committee in Support of Petitioner
Brief for the United States in Support of Petitioner
Brief for the Equal Employment Advisory Council in Support of Petitioner

Counsel:

For Petitioner AT&T Corporation: Carter G. Phillips; Sidley Austin LLP; 1501 K Street, N.W.; Washington, DC 20005; cphillips@sidley.com; (202) 736-8270.

For Respondents Noreen Hulteen, et al.: Judith E. Kurtz; Law Offices of Judith Kurtz; 192 Bocana Street; San Francisco, CA 94110; (415) 826-0244.

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