Cleveland Board of Education v. LaFleur
Encyclopedia
Cleveland Board of Education v. LaFleur, 414 U.S. 632 (1974) found that overly restrictive maternity leave regulations in public schools violate the Due Process Clause of the Fifth Amendment
and the Fourteenth Amendment
. This decision, which unequivocally struck down mandatory maternity leave rules, was a triumph for the women's movement
.
labor shortages were married women widely hired as teachers.
After the war, many married women remained employed as teachers; however, prejudice against them endured. The prejudice simply changed focus into discrimination against pregnant women. In 1948 an National Education Association
survey showed 43% of schools as having no maternity leave, and the rest having compulsory maternity leave. The compulsory maternity leave rules were very discriminatory as they implied that women were incapable of making their own decisions about work, health care, and their professional competency. Most of these compulsory maternity leave rules required teachers to take leave 4–6 months before childbirth
until well after the child was born. Virtually all maternity leaves were unpaid. Essentially, women who were visibly pregnant were not allowed to work. The stated rationale of these compulsory maternity leave laws were: that pregnant women could not meet the physical or mental demands of the job, that pregnancy interrupted the continuity of instruction for students, and that pregnant women might get hurt on the job. In this case the court found that this reasoning was faulty, as women do not lose all sense and ability simply because they are visibly pregnant.
.
The Supreme Court
ruled that the mandatory maternity leave rules were unconstitutional under the Due Process Clauses in the 5th and 14th amendments. Essentially, the rules were found to be too arbitrary (fixed dates chosen for no apparent reason) and irrebuttable (having no relation to individual medical conditions and with no way to make exceptions for good reason). In the Opinion of the Court, Justice Stewart went on to explain:
This decision was a major step in protecting the rights of teachers, especially female teachers, from unfair prejudicial rules which would keep them from the profession of teaching. This decision also plays a critical role in the professionalization of teaching by protecting all teachers from arbitrary, political regulations which serve no pedagogical function. The case of LeFleur can also be seen as a building block for current family leave laws, which help to ensure that all people can keep their profession
s without giving up the ability, and the means, to have a family.
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
and the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. This decision, which unequivocally struck down mandatory maternity leave rules, was a triumph for the women's movement
Second-wave feminism
The Feminist Movement, or the Women's Liberation Movement in the United States refers to a period of feminist activity which began during the early 1960s and lasted through the early 1990s....
.
Background
Teaching was one of the first careers outside of the home which was open to American women. As a result, in the late 19th century and the 20th century, women dominated the field of teaching. In 1919, 86% of teachers were women. However, a prejudice was still widely held in American society which enforced the belief that a women’s primary role should be that of housewife. This bias was also shared by the male administrators and politicians, who largely dominated schools of these centuries, and thus married women were discouraged from, and overlooked for, teaching positions. This was justified by the belief that men and single women needed the jobs more. Only after the World War IIWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
labor shortages were married women widely hired as teachers.
After the war, many married women remained employed as teachers; however, prejudice against them endured. The prejudice simply changed focus into discrimination against pregnant women. In 1948 an National Education Association
National Education Association
The National Education Association is the largest professional organization and largest labor union in the United States, representing public school teachers and other support personnel, faculty and staffers at colleges and universities, retired educators, and college students preparing to become...
survey showed 43% of schools as having no maternity leave, and the rest having compulsory maternity leave. The compulsory maternity leave rules were very discriminatory as they implied that women were incapable of making their own decisions about work, health care, and their professional competency. Most of these compulsory maternity leave rules required teachers to take leave 4–6 months before childbirth
Childbirth
Childbirth is the culmination of a human pregnancy or gestation period with the birth of one or more newborn infants from a woman's uterus...
until well after the child was born. Virtually all maternity leaves were unpaid. Essentially, women who were visibly pregnant were not allowed to work. The stated rationale of these compulsory maternity leave laws were: that pregnant women could not meet the physical or mental demands of the job, that pregnancy interrupted the continuity of instruction for students, and that pregnant women might get hurt on the job. In this case the court found that this reasoning was faulty, as women do not lose all sense and ability simply because they are visibly pregnant.
The Decision
On January 21, 1974, the court delivered its ruling. The majority opinion of the court was delivered by Justice Potter StewartPotter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
.
The Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled that the mandatory maternity leave rules were unconstitutional under the Due Process Clauses in the 5th and 14th amendments. Essentially, the rules were found to be too arbitrary (fixed dates chosen for no apparent reason) and irrebuttable (having no relation to individual medical conditions and with no way to make exceptions for good reason). In the Opinion of the Court, Justice Stewart went on to explain:
"This Court has long recognized that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause ... By acting to penalize the pregnant teacher for deciding to bear a child, overly restrictive maternity leave regulations can constitute a heavy burden on the exercise of these protected freedoms. .. (P)ublic school maternity leave rules directly affect "one of the basic civil rights of man," ... the Due Process Clause of the Fourteenth Amendment requires that such rules must not needlessly, arbitrarily, or capriciously impinge upon this vital area of a teacher's constitutional liberty."
This decision was a major step in protecting the rights of teachers, especially female teachers, from unfair prejudicial rules which would keep them from the profession of teaching. This decision also plays a critical role in the professionalization of teaching by protecting all teachers from arbitrary, political regulations which serve no pedagogical function. The case of LeFleur can also be seen as a building block for current family leave laws, which help to ensure that all people can keep their profession
Profession
A profession is a vocation founded upon specialized educational training, the purpose of which is to supply disinterested counsel and service to others, for a direct and definite compensation, wholly apart from expectation of other business gain....
s without giving up the ability, and the means, to have a family.