Labor & Employment Law

AT&T v Hulteen: One more post-argument brief on Ledbetter Act's effect on Pregnancy Discrimination Act

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.

Full post as published by Ross' Employment Law Blog on February 25, 2009 (boomark / email).