Supreme Court Docket Report (1) - May 18, 2009

Originally published May 18, 2009

Keywords: Supreme Court, AT&T, Hulteen, General Electric Co., Gilbert, disability-benefit plan, sex-based discrimination, Civil Rights Act, intentional discrimination, exclusion of pregnancy, excluded disabilities, gender bias

Today the Supreme Court issued one decision, described below, of interest to the business community.

AT&T Corp. v. Hulteen, No. 07-543 (previously discussed in the June 23, 2008 Docket Report).

In General Electric Co. v. Gilbert, 429 U.S. 125 (1976), the Supreme Court held that a disability-benefit plan that excluded disabilities related to pregnancy did not amount to sex-based discrimination under Title VII of the Civil Rights Act of 1964.  In response to Gilbert, Congress enacted the Pregnancy Discrimination Act of 1978 ("PDA"), which amended Title VII to cover discrimination "because of or on the basis of pregnancy, childbirth, or related medical conditions."  42 U.S.C. § 2000e(k).  Today, in AT&T