In California Federal Savings & Loan Association v. Guerra, the United States Court of Appeals for the Ninth Circuit upheld the facial validity of California Government Code section 12945(b)(2). The court vehemently rejected a federal preemption argument and held that a law setting a minimum leave for pregnancy disabilities did not, on its face, discriminate against men or conflict with the purpose of Title VII of the Civil Rights Act of 19644 as amended in 1978 by the Pregnancy Discrimination Act (PDA). The issue of whether the PDA allows any different treatment for pregnancy has divided the feminist community.
Susan Spalter Berman,
California Federal Savings & Loan Association v. Guerra: The State of California Has Determined that Pregnancy may be Hazardous to your Job, 16 Golden Gate U. L. Rev.