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UNITED STATES v. BOARD OF EDUC. OF THE CONSOL. HIG

September 6, 1990

UNITED STATES OF AMERICA, Plaintiff,
v.
BOARD OF EDUCATION OF THE CONSOLIDATED HIGH SCHOOL DISTRICT 230, Palos Hills, Illinois; and ILLINOIS EDUCATION ASSOCIATION, CONSOLIDATED HIGH SCHOOL DISTRICT 230 TEACHERS' ASSOCIATION, Defendants


Harry D. Leinenweber, United States District Judge.


The opinion of the court was delivered by: LEINENWEBER

HARRY D. LEINENWEBER, UNITED STATES DISTRICT JUDGE

 INTRODUCTION

 The United States brought this action against the Board of Education of the Consolidated High School District 230 ("District 230") and the Illinois Education Association, Consolidated High School District 230 Teachers' Association ("Association") contending that the leave provisions of the collective bargaining agreements ("CBA") of defendants and the leave policies of District 230 constituted a pattern or practice of discrimination against pregnant teachers in violation of Title VII as amended by the Pregnancy Discrimination Act ("PDA"). 42 U.S.C. §§ 2000e-2(a) and 2000e(k).

 FINDINGS OF FACT

 1. This case originated from a timely charge brought by a District 230 teacher, Sharon Carlson, before the Equal Employment Opportunity Commission ("EEOC") on June 25, 1984, complaining that District 230's leave policies discriminated on the basis of sex. The EEOC subsequently issued a reasonable cause determination, and because the challenged practices and policies affected other female teachers referred the matter to the Department of Justice, which brought this pattern or practice case.

 2. The gist of the United States' complaint is the CBA provisions and the practices of District 230 prohibiting pregnant teachers from taking sick leave for pregnancy-related disability and then taking maternity leave at the expiration of the sick leave, and the CBA provision excluding maternity benefits from the sick leave bank ("SLB"), violate Title VII.

 3. The relevant CBAs cover the years 1982 through June 1, 1987. The complained-of provisions were eliminated on the latter date.

 
"A teacher shall not be required to resign or take a leave of absence because of pregnancy. Said teacher, however, may in writing, request a leave of absence without pay. A maternity leave of absence may begin when the pregnant teacher desires, but not later than when she is unable to perform her duties satisfactorily. A maternity leave of absence for a period longer that one semester shall end on the day prior to the beginning of any school year up to and including five school semesters after the maternity leave of absence begins." (§ 6.042 CBA) (emphasis supplied)

 Under this subsection, maternity leave may begin whenever a pregnant teacher chooses, but must begin not later than the date when the teacher actually becomes disabled due to her pregnancy or because of childbirth. Her maternity leave need not end when her medical disability ceases, and may extend for a period up to five semesters.

 5. The relevant provisions of the CBA for use of sick leave by a pregnant teacher were as follows:

 
"A teacher not requesting maternity leave may utilize accumulative sick leave under the following conditions:
 
"(1) A pregnant teacher shall notify her principal in writing when her pregnancy is confirmed in order to be eligible to ...

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