By Melanie Payne
SACRAMENTO BEE STAFF WRITER
3/21/01 SAN FRANCISCO—Former AT&T employees filed
a lawsuit against the communications giant Tuesday, saying
pregnancy discrimination they suffered 20 years ago is costing
them today.
The plaintiffs were required to take leaves of absences for pregnancies
during the 1960s and 1970s and were not given service credit toward retirement.
Employees who took leaves for other medical conditions were given the service
credits.
As a result, the 15,000 or so women potentially covered in the class action
ended up losing benefits, according to the suit filed in the U.S. District Court
of Northern California. The lawsuit contends the continuing effect of the
discrimination violates the Pregnancy Discrimination Act of 1979 and Title VII
of the Civil Rights Act of 1964.
Although the company has changed its practice of treating pregnancy
differently than other short-term disabilities, the company has not re-instated
the service credit for the women in the class, the suit says.
The lawsuit contends the women asked AT&T to change the policy and not
penalize them for the leave they took while pregnant, but AT&T refused. The
suit says the company ignored an Equal Employment Opportunity Commission
decision that AT&T’s benefit calculations policy did not comply with the
law.
AT&T spokesman Burke Stinson said Tuesday that the company
made a settlement years ago regarding disparate treatment
of pregnancy disability benefits and that “a review
of our current policies was judged to be A-OK.”
But one of the lawyers on the case, Oakland attorney Blythe Mickelson, said
AT&T has ignored the EEOC ruling and a Ninth Circuit Court of Appeals 1991
decision in a similar case.
In that case, court determined that Pacific Bell’s pension calculation
policies denied early retirement offers to women who had taken pregnancy leaves
before 1979. The case was resolved with a multimillion-dollar settlement.