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Case Name United States v. Board of Education Consolidated High School District 230 EE-IL-0266
Docket / Court 1:88-cv-03113 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
The United States filed a lawsuit under Title VII against the Board of Education of Consolidated High School District 230 of Palos Hills, Illinois in the U.S. District Court for the Northern District of Illinois. The United States alleged that the school district engaged in sex discrimination ... read more >
The United States filed a lawsuit under Title VII against the Board of Education of Consolidated High School District 230 of Palos Hills, Illinois in the U.S. District Court for the Northern District of Illinois. The United States alleged that the school district engaged in sex discrimination against its pregnant teachers. Specifically, the United States contended that the school district's maternity leave and sick leave policies discriminated against pregnant teachers. The United States sought injunctive and remedial relief.

The United States challenged defendant's maternity leave policy, which prohibited pregnant teachers from taking paid sick leave in conjunction with unpaid maternity leave. It claimed this policy discriminated against pregnant teachers because teachers could take paid sick leave with other types of unpaid leave. The United States also alleged that the sick leave bank policy discriminated against pregnant teachers. The sick leave bank provided additional paid sick leave days for teachers who had exhausted their accumulated paid sick leave due to a "prolonged and extended catastrophic illness." However, a pregnant teacher was unable to receive these sick leave bank benefits since pregnancy was excluded from this leave bank provision.

On September 6, 1990, the district court (Judge Leinenweber) ruled that defendant's maternity leave policy did not violate Title VII but that the sick leave bank policy, by excluding pregnancy, discriminated against pregnant teachers. The court awarded monetary damages to two female teachers who had been denied the opportunity to use the sick leave bank while they were pregnant. The United States appealed the district court's ruling on defendant's maternity leave policy, while defendant cross-appealed the district court's ruling that the sick leave bank policy discriminated against pregnant teachers.

On January 7, 1993 United States Court of Appeals for the Seventh Circuit (Judge Daniel A. Manion) upheld the district court's decision that (1) defendant's maternity leave policy was not discriminatory and (2) defendant's sick leave policy was discriminatory in violation of Title VII. The docket ends on January 29, 1993 with the entry of a certified copy of the circuit court's decision.

We have no further information on this case.

Dana Schwarz - 11/20/2007


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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Elementary/Secondary School
Discrimination-area
Accommodation / Leave
Discrimination-basis
Pregnancy discrimination
Sex discrimination
General
Disparate Treatment
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. ยง 2000e
Defendant(s) Board of Education Consolidated High School District 230
Plaintiff Description The United States on behalf of pregnant teachers
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1993
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
88-03113 (N.D. Ill.) 01/29/1993
EE-IL-0266-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum Opinion and Order 06/27/1990 (761 F.Supp. 519) (N.D. Ill.)
EE-IL-0266-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Findings of Fact and Conclusions of Law 09/06/1990 (761 F.Supp. 524) (N.D. Ill.)
EE-IL-0266-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 01/07/1993 (983 F.2d 790)
EE-IL-0266-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Leinenweber, Harry Daniel (N.D. Ill.)
EE-IL-0266-0003 | EE-IL-0266-0005 | EE-IL-0266-9000
Manion, Daniel Anthony (Seventh Circuit)
EE-IL-0266-0004
Monitors/Masters None on record
Plaintiff's Lawyers Ginsberg, Gail C (Illinois)
EE-IL-0266-0003 | EE-IL-0266-0004 | EE-IL-0266-0005 | EE-IL-0266-9000
Silver, Jessica Dunsay (District of Columbia)
EE-IL-0266-0004
Simon, Leslie A. (District of Columbia)
EE-IL-0266-0004
Thawley, Barbara E (District of Columbia)
EE-IL-0266-9000
Valukas, Anton R. (Illinois)
EE-IL-0266-0004
Defendant's Lawyers Baron, Diane M. (Illinois)
EE-IL-0266-0003 | EE-IL-0266-0004 | EE-IL-0266-0005 | EE-IL-0266-9000
Bourey, Jeanette Marie (Illinois)
EE-IL-0266-0003 | EE-IL-0266-0004 | EE-IL-0266-0005
Casey, Jane Clark (Illinois)
EE-IL-0266-0005 | EE-IL-0266-9000
Condon, Susan (Illinois)
EE-IL-0266-0004
Ferrini, James T. (Illinois)
EE-IL-0266-0004
Kay, Edward M. (Illinois)
EE-IL-0266-0004
Kostow, Gary (Illinois)
EE-IL-0266-0003 | EE-IL-0266-0005 | EE-IL-0266-9000
Malovance, Gregory John (Illinois)
EE-IL-0266-0003 | EE-IL-0266-0004 | EE-IL-0266-0005 | EE-IL-0266-9000
McDonough, Jeanette Bourey (Illinois)
EE-IL-0266-9000
Miossi, William G. (Illinois)
EE-IL-0266-0004
Terrazino, Imelda (Illinois)
EE-IL-0266-0004
Other Lawyers None on record

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