HULTEEN v. AT & T CORP.

No. 04-16087.

441 F.3d 653 (2006)

Noreen HULTEEN; Eleanora Collet, Linda Porter; Elizabeth Snyder; Communications Workers of America, Plaintiffs-Appellees, v. AT & T CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2006.


Attorney(s) appearing for the Case

Joseph R. Guerra (argued) and Joseph Palmore, Sidley Austin Brown & Wood LLP, Washington, D.C.; Charles C. Jackson and Allegra R. Rich, Seyfarth Shaw LLP, Chicago, IL; Laura A. Kaster and Valerie Fant Custer, AT & T Corporation, Bedminster, NJ, for the defendant-appellant.

M. Suzanne Murphy (argued) and Blythe Mickelson, Weinberg, Roger & Rosenfeld, Oakland, CA; Henry S. Hewitt, Erickson, Beasley, Hewitt & Wilson, Oakland, CA; Noreen Farrell, Equal Rights Advocates, San Francisco, CA; Judith E. Kurtz, San Francisco, CA, Mary K. O'Melveny, Communications Workers of America, AFL-CIO, Washington, D.C., for the plaintiffs-appellees.

Paul D. Ramshaw, U.S. Equal Employment Opportunity Commission, Washington, D.C., for amicus Equal Employment Opportunity Commission.

Before: TROTT, RYMER, and PLAGER, Circuit Judges.


PLAGER, Circuit Judge:

This is a Title VII Civil Rights case.1 It requires us to decide whether AT & T, in making current retirement benefits determinations, discriminates in violation of Title VII against women who took pregnancy-related leaves before 1979. 1979 was the year when the Pregnancy Discrimination Act of 1978 (PDA), an amendment to Title VII, became effective.2

Prior to the PDA, an AT...

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