Cynthia Morgan v. Safeway Stores, Inc., and Safeway Arizona Federal Credit Union

I dissent because I believe that an employer cannot escape the reach of Title VII by delegating its responsibility for the evenhanded provision of fringe benefits to a third party whom the employer knows will discriminate on the basis of pregnancy. I find this case particularly troubling in light of the substantial overlap in operations between Safeway and SAFCU.

Although I agree with the majority’s conclusion that the overlap between Safeway and SAFCU is insufficient to satisfy the “single employer” test set forth in Childs, that test does not govern Morgan’s action against Safeway. In…