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AT&T v Hulteen: One more post-argument brief on Ledbetter Act's effect on Pregnancy Discrimination Act
February 25, 2009 by Ross Runkel at LawMemo
AT&T v. Hulteen was argued at the US Supreme Court on December 10, 2008. [Details]
The issue involves the retroactive application of the Pregnancy Discrimination Act.
What effect will the Lilly Ledbetter Act have on this?
The employees have filed a new brief. [Here]
The employer has filed a new brief. [Here]
The employees' basic arguments:
- The Lilly Ledbetter Act applies here.
- The employees' claims are timely, so retroactive application is unnecessary.
- The Supreme Court should either uphold the employees in light of the Ledbetter Statute, or remand to the 9th Circuit to figure out what to do.
The employer's basic arguments:
- The employer's pre-PDA actions were lawful.
- The Lilly Ledbetter Act applies only to conduct that violated Title VII when that conduct occurred.
- The Lilly Ledbetter Act governs only when a suit may be brought.
- Because The Lilly Ledbetter Act does not apply, the Court should decide the case, and not remand to the 9th Circuit.
My bet continues to be: A remand to the 9th Circuit.
Also see comment by WorkplaceProf Blog.
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