|Jottings By An Employer's Lawyer|
Monday, May 18, 2009
No Early Supreme Court View on Lily Ledbetter Act
In a spirited defense that was really more of an attack on the original Gilbert decision that led to the passage of the Pregnancy Discrimination Act than anything, Justice Ginburg's dissent (joined by Justice Breyer) does not even mention the Ledbetter Act.
For the reasons already discussed, AT&T’s pre-PDA decision not to award Hulteen service credit for pregnancy leave was not discriminatory, with the consequence that Hulteen has not been “affected by application of a discriminatory compensation decision or other practice.” §3(A), 123 Stat. 6.
If the case had gone the other way, it is possible to imagine how it could have had broad ramifications. However, given its narrow holding, it seems unlikely to be very important beyond its impact on the parties.