34 Fair empl.prac.cas. 1192, 34 Empl. Prac. Dec. P 34,341 Lynn T. Levin, and Equal Employment Opportunity Commission v. Delta Air Lines, Inc.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The Equal Employment Opportunity Commission and a class of Delta Air Lines flight attendants urge the illegality of Delta’s policy of removing pregnant flight attendants from flight duty as soon as their pregnancy is discovered. Before 1974, pregnant flight attendants were evidently placed on unpaid maternity leave, but since 1974, Delta has permitted them to transfer to available ground positions. Plaintiffs charge that the Delta pregnancy policy violates the sex discrimination prohibition of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e…