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Agreed, Dahlia, that Justice Ginsburg is carefully applying the law as she sees it in her dissent in AT&T v. Hulteen. Her problem is a bad old ruling that haunts this case and that all but one of her male colleagues refused to banish. In General Electric Co. v. Gilbert
in 1976, the Supreme Court ruled that discrimination based on pregnancy
is not discrimination based on sex, because some women (the nonpregnant
ones) won't be discriminated against. By ignoring how... (To read the rest of this post, visit our new website DoubleX.com!)
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The Supreme Court ruled, 7-2 yesterday in AT&T v. Hulteen,
that women denied credits toward their pension for their pregnancies in
the 1960s and '70s—before it became illegal—were not the victims of
gender discrimination. The question came down to whether AT&T could
rely on past discriminatory practices—before 1978 pregnant women were
denied disability leave granted to men—to calculate pensions. Writing
for the majority, David Souter found that... (To read the rest of this post, visit our new website DoubleX.com!)
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