Newspaper Page Text
— Griffin Daily News Thursday, July 19,1973
Page 12
Court to accept briefs in ‘leave’ cases
By CRAIG A. PALMER
WASHINGTON (UPI) -The
U.S. Supreme Court will accept
briefs this summer in two cases
that challenge arbitrary, forced
maternity leave for pregnant
teachers.
“The mandatory leave policy
for pregnant teachers was bom
out of prejudice and ignoran
ce,” asserted Mrs. Susan
Cohen, a social studies teacher
in Chesterfield County, Va., in
her appeal of a lower court
ruling. She was the nation’s
first teacher to carry her
challenge of a mandatory
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maternity leave policy to the
highest court.
“In a very few instances it
has been sustained as a matter
of convenience,” her petition
said of the maternity policy. “It
must be viewed for what it
truly is, an anachronism, and
nothing more.”
Also pending before the
Supreme Court is an appeal by
the Cleveland, Ohio, school
board from the first appeals
court decision favorable to
teachers in the area of
maternity leave.
The two cases represent a
JCPenney
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recent wave of challenges to
school board policies that
require pregnant teachers to
take unpaid leave for a
specified period of time. Other
challenges have been raised by
teachers in Alabama, Califor
nia, Connecticut, Kansas, Ken
tucky, Ixiuisiana, Oklahoma
and Washington state.
Generally lawsuits ask the
courts to guarantee the teach
ers their equal protection rights
under the 14th Amendment in
situations involving forced
maternity leave, loss of retire
ment and salary benefits,
endangered tenure and seniori
ty rights and policies relating
to re-ertiployment after child
birth.
Providing legal expenses and
support to the three teachers
whose challenges have reached
the Supreme Court is the 1.2
million member National Edu
cation Association. “Support of
teachers in these pending cases
demonstrates NEA’s commit
ment to equal employment for
women and its efforts to
eliminate discriminatory prac
tices against women in em
ployment, personnel policies,
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compensation and promotion,”
an NEA spokesman said.
The Cleveland policy requires
a pregnant teacher to take an
unpaid leave of absence five
months before the expected
birth of a child and to continue
on such status until the
beginning of the first school
term after the baby becomes
three months old, NEA said.
Evidence Inconclusive
In a decision that called the
policy “arbitrary and unreason
able in its overbreadth,” the
Sixth Circuit U.S. Court of
Appeals in Cincinnati said:
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FORECAST FOR GRIFFIN AREA—Partly cloudy and warm tonight and Friday with a $
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Irvin attacks new
economic program
ATLANTA (UPl)—Agricultur
al Commissioner Tommy Irvin
Wednesday attacked President
Nixon’s newest economic pro
gram as a “disappointing”
measure that will keep farmers
from meeting their production
costs.
“If you keep the clamp on
the farmer, you are going to
continue to have high prices and
scarcity of products,” Irvin said.
Thecommissioner said he sees
the Phase IV program as pass
ing along to the consumer only
those price increases that have
occurred since June 1.
Irvin said that did little to
alter the farmer’s situation
since the big increases in soy
beans and com, the principal
feedgrains, came before June 1
“Under no construction of this
record can we conclude that the
medical evidence presented
supports the extended periods
of mandatory maternity leave
required by the rule both before
and after birth of the child.”
The court noted that the
policy was established two
decades ago for instructional
continuity, relief of administra
tive problems and because
“teachers suffered many indig
nities as a result of pregnancy,
which consisted of children
pointing, giggling, laughing and
making snide remarks.”
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and cannot be passed on to
buyers.
“We are still going to be ham
strung,” he said. “We are still
going to be hard put to get our
production back up to prevent
shortages in the future. I’m
very disappointed.
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“We were misled. Before the
official report was released to
day (Wednesday), we thought all
controls on food would be com
pletely taken off and that no
man would have to continue to
produce below production cots.”