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Employer Discrimination On The Basis Of Pregnancy: Righting The Power Imbalance, Victoria R. Riede
Employer Discrimination On The Basis Of Pregnancy: Righting The Power Imbalance, Victoria R. Riede
Golden Gate University Law Review
First, this comment will examine the problems with the position-elimination defense as illustrated by Smith v. F. W. Morse & Co. Since some reorganization is necessary when an employee takes leave, allowing an employer to offer this reorganization effort as evidence of non-discriminatory intent creates a gap in Title VII protections. Next, the author will compare existing American federal family leave laws and European leave laws. The comment will then use California's landlord-tenant law as a prototype for proposing an amendment to existing maternity leave law that remedies the power distribution between dominant and subordinate individuals in a legal relationship.
California Federal Savings & Loan Association V. Guerra: The State Of California Has Determined That Pregnancy May Be Hazardous To Your Job, Susan Spalter Berman
California Federal Savings & Loan Association V. Guerra: The State Of California Has Determined That Pregnancy May Be Hazardous To Your Job, Susan Spalter Berman
Golden Gate University Law Review
In California Federal Savings & Loan Association v. Guerra, the United States Court of Appeals for the Ninth Circuit upheld the facial validity of California Government Code section 12945(b)(2). The court vehemently rejected a federal preemption argument and held that a law setting a minimum leave for pregnancy disabilities did not, on its face, discriminate against men or conflict with the purpose of Title VII of the Civil Rights Act of 19644 as amended in 1978 by the Pregnancy Discrimination Act (PDA). The issue of whether the PDA allows any different treatment for pregnancy has divided the feminist community.