Vineyard

MEMORANDUM OPINION

At the time this action was brought-, the Hollister Elementary School District *582 (the District) had a maternity leave policy promulgated by the Hollister Elementary School District Board of Education (the Board) requiring a pregnant female employee to take compulsory maternity leave without pay for a period of time determined by the Board. Plaintiff is a school teacher employed by the District. She brings this action on her own behalf and on behalf of all other present and future female employees of the District who have been or will be discriminated against on account of sex by the District’s maternity leave policy. Plaintiff alleges that the District, the Board and the Superintendent of the District have discriminated against her and members of the class on account of sex in violation of the rights guaranteed to them by the Fourteenth Amendment, the Civil Rights Statute ( 42 U.S.C. § 1983 ) and the Equal Employment Opportunities Act (42 U.S.C. § 2000e et seq.).

Defendants deny the alleged discriminatory effect of the Board’s maternity leave policy and further allege that the policy has been revoked and that now there is no policy governing maternity leave…