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  • AT&T Corp. v. Hulteen Decided 2009
  • Four employees sued AT&T, alleging that the company's policy for calculating employee pension and retirement benefits discriminated against women who had taken leave time due to pregnancy
  • The main issue in the case timing. The employees' pregnancy leave was taken before the PDA came into effect, and AT&T's calculation of benefits took place after.
  • Facts of the case:
  • Constitutional Question: Are the Pregnancy Discrimination Act of 1978 (PDA) and Title VII of the Civil Rights Act of 1964 violated by AT&T?
  • Arguments of the petitioner
  • We took our pregnancy leave before the PDA came into effect! AT&T is discriminating against us!
  • The PDA should not apply to pregnancy leave taken before it was enacted.
  • Arguments off the Respondent
  • Yeah, and since our seniority system wasn't discretionary when it was adopted, we didn't discriminate against the employees.
  • 7-2 decision in favor of AT&T
  • We didn't violate the PDA since the women took their leave before the PDA was established!
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