Abstract
EQUALITY 203 leave following the birth of her Her employer told her that her old job had been filled and that there were no similar positions available. Garland was unable to find another job immediately and, because of her unemployment, she lost her apartment and eventually custody of her daughter. When Garland sought to enforce her statutory right before the California Department of Fair Employment and Housing, her former employer, Cal Fed, brought an action in federal district court seeking a declaration that the California statute was inconsistent with and preempted by Title VII. The feminist community divided sharply on whether employers should be required to give unpaid leave to workers disabled by pregnancy. NOW, the ACLU's Womens' Rights Project, and a number of other feminist organizations (herinafter NOW et al.), argued against permitting states to require disability leaves only for pregnancy.9 Other feminist groups argued that such statutes should be permissible despite their violation of formal equality.'0 The Supreme Court agreed, and ruled that the California statute guaranteeing jobs only to women disabled by pregnancy was permissible despite Title VII's ban on sex and pregnancy discrimination. In Johnson, the question was the legality of an affirmative action plan for women in promotions to a position previously held only by men. The Santa Clara County Transit District Board of Supervisors adopted an Affirmative Action Plan for the County Transportation Agency in December 1978. The Plan authorized the Agency to consider sex as one factor in deciding which of several qualified applicants to promote to traditionally male job classifications. A year later, 'See Garland's Bouquet, Time 14 (January 26, 1987). 9See Brief Amici Curiae of the National Organization for Women (and six other signatories); Brief of the American Civil Liberties Union (and four other signatories). Both briefs argued that the Supreme Court should extend the statutory benefit to all workers disabled for four
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
