DOCKET NO.: 75-536
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Sixth Circuit
CITATION: 434 US 136 (1977)
ARGUED: Oct 05, 1977
DECIDED: Dec 06, 1977
Charles K. Wray – for petitioner
Robert W. Weismueller, Jr. – for respondent
Media for Nashville Gas Company v. Satty
Audio Transcription for Opinion Announcement – December 06, 1977 in Nashville Gas Company v. Satty
Warren E. Burger:
The judgment and the opinion of the Court in 75-536, Nashville Gas Company against Satty will be announced by Mr. Justice Rehnquist.
William H. Rehnquist:
This case comes to us on certiorari to the United States Court of Appeals for the Sixth Circuit which held that petitioner Nashville Gas Company’s employment policies relating to pregnant employee’s violated Title 7 of the Civil Rights Act of 1964.
In an opinion filed today with the clerk, we have concluded that those policies insofar as they relate to a form — requiring for taking of a formal leave of absence by such employees do — in seniority policy do violate Title 7.
We conclude that petitioner’s sick leave policy is legally indistinguishable from the disability insurance program upheld in Gilbert.
We, however, remand this to that aspect of the case to the Court of Appeals to determine whether the respondent, the original plaintiff had preserved the right to proceed further on a theory that the petitioner’s sick leave policy is a mere pretext for discrimination.
The judgment of the Court of Appeals for the Sixth Circuit is, therefore, affirmed and part vacated in part and remanded.
Mr. Justice Powell joined by Mr. Justice Brennan and Mr. Justice Marshall has filed an opinion concurring in the part and concurring in the judgment.
Mr. Justice Stevens has filed an opinion concurring in the judgment.
Warren E. Burger:
Thank you, Mr. Justice Rehnquist.