SAN FRANCISCOEmployees who received less credited service time while on pregnancy leave compared with other disabled workersbefore that inequality was addressed by the Pregnancy Discrimination Act of 1978can regain that lost time retroactively, says a federal appellate court. However, the three-judge panel said in its 2006 opinion that a 9th Circuit 1991 decision in a similar case, Pallas vs. Supreme Court decision that prohibits applying federal law retroactively. However, in its most recent decision, the court ruled that the 1991 decision was not “clearly irreconcilable” with “intervening authority. Pallas was premised on a discrete act, the decision to deny a retirement benefit, that gave rise to a current violation of the PDA. An AT&T spokesman said, “We believe the decision is inconsistent with current law and we’re reviewing the decision to determine our next steps. read more
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