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The US Supreme Court Decides for AT&T in a Long-Fought Battle Against Discrimination
In a disappointing decision handed down earlier today, the United States Supreme Court overturned the favorable decision we had received from the U.S. Court of Appeals. That decision held that women who were denied service credit for pregnancy-related leaves back in the 1960's and 1970's by AT&T had no claim for discrimination, though the Company used those diminished service credits to calculate current pension and other retirement-related benefits today. The Court found that the net credited service system was a "neutral" seniority system that could not be challenged today because the unequal treatment of pregnancy leave was not unlawful at the time it occurred (before the Pregnancy Discrimination Act). The vote was 7-2; Justices Ginsburg and Breyer dissented from the Court's decision. The dissent pointed out that the Pregnancy Discrimination Act was intended to protect women from continuation of pregnancy-based disadvantageous treatment and chastised the majority for overlooking the continuing nature of the discrimination these women suffered.
Unfortunately, this decision means the end to the legal challenges brought by CWA and others. Thousands of current and former AT&T employees will now end up with lower pensions and other retirement benefits than their colleagues who did not take pregnancy-related leave but had otherwise similar service with the company. It is also an unfortunate "win" for AT&T, whose continued pursuit of this appeal shows us once again how little regard they have for their employees.