Finally, both IOR and the district court emphasize the facial neutrality of the leave of absence policy adopted on November 15. Far from treating pregnancy more unfavorably than other conditions that might necessitate an unpaid leave, it singles out maternity leave for a guaranteed period of a full six weeks leave, with no risk of having the employee's position permanently filled with a replacement worker. Facial neutrality is not enough to prevent a finding of discrimination, if the adoption of the policy was designed to discriminate against Piraino herself on the basis of her pregnancy. Here, Piraino has alleged just such a disparate treatment case. Back to Just Management, Spring 1997.
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