Thursday, December 26, 2019

US Supreme Court decision ATT. v. HULTEEN Free Essay Example, 2000 words

US Supreme Court Case: AT & T. v. Hulteen 556_ (2009) (No- 07-543 Introduction The instant case is a United States Supreme Court case in which the primary issue was to determine whether the Pregnancy Discrimination Act (PDA), 42 U. S.C. Â § 2000e(k) is violated by an employer, when pensions are calculated on the basis of accrual rule, giving less retirement credit for pregnancy than for medical leave (AT & T Corp v. Hulteen 1). The matter in controversy is clear, if the employer does not give an employee full pension benefit by excluding the time of pregnancy leave on the ground that when the employee took pregnancy leave, the PDA Act was not operative, Can the employee file a suit for discrimination? Can the employee enforce credited leave time for such absence? Can the employee get relief under U. S. law and enforce greater pension benefit? What is the present law with regard to this matter? To find answers to the above questions, a research and in depth analysis of the case in h and would surely prove to be of great help, as discussed in the latter context of the paper. 2.We will write a custom essay sample on US Supreme Court decision AT&T. v. HULTEEN or any topic specifically for you Only $17.96 $11.86/pageorder now The Dispute Before proceeding further into the case, knowledge of the facts of the case is essential. The petitioner of this case was the American Telegraph & Telephone Company (AT & T), whereas the respondents consisted of individual respondents in the form of Noreen Hulteen, Eleanora Collet, Elizabeth Snyder, Linda Porter, and the collective-bargaining representative of the employees, the CWA or the Communications Workers of America (AT & T Corp v. Hulteen 3). AT & T provided pensions and other benefits to its employees on the basis of seniority system, relying upon the term of employment, which was equivalent to service at the company minus uncredited leave time. For a period extending from 1960 to mid-1970s the employees on disability leave got full service leave but those who took personal leave, which also included leaves for pregnancy, received a maximum service credit of 30 days. The respondents of this case received less service credit for pregnancy leave than they should have received , if they had taken a leave for disability. Respondent Noreen Hulteen received seven months less credit, Eleanora Collet received six months less credit, while Elizabeth Snyder and Linda Porter received two months less payment. If the total term of employment was not so decreased, they would receive greater pension benefit (AT & T Corp v. Hulteen 2-3). The individual respondents of this case and the CWA filed charges of discrimination against AT & T with the Equal Employment Opportunity Commission (EEOC).

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