On May 18, 2009, the Supreme Court, in AT&T v. Hulteen, ruled against a small class of female workers on their pregnancy discrimination claim.  Four AT&T employees took maternity leave, and the company would not credit this time for pension eligibility.  The problem was that the women took leave and the company decided not awarded the time occurred before Congress enacted the Pregnancy Discrimination Act in 1979 to amend Title VII.  We consider this an unfortunate ruling and one that does not comply with the Spirit of the Act.  While the Court accepted Supplemental Briefing on whether the Lilly Ledbetter Fair Pay Act would support Plaintiff’s claim that each time a pension benefit was paid out, there was a “fresh act of discrimination,” the Court ultimately rejected the argument because AT&T’s plan was not intentionally discriminatory (such that Title VII would apply retroactively).