Supreme Court agrees to hear pregnancy discrimination case

The District Attorney's office argued that Younge was a member of Howard's "personal staff" and was exempt from protections against pregnancy discrimination. However, the District Attorney's office did not include that claim in its original pleading. 

Under Title VII, Younge had the right to file a lawsuit on the basis of sex discrimination. 

However, as a member of Howard's personal staff, Younge would not have the right to file a lawsuit for pregnancy discrimination. Instead, she would have to go through an adjudication process under the Government Employees Rights Act. 

"The critical decisions by Younge that channeled this case into district court had been made in 2019, more than two years before the defendant first asserted that Younge’s claim was not covered by Title VII," lawyers for Younge wrote in a petition to the high court. 

Lawyers for the Fulton County District Attorney's office argued Younge was aware throughout her employment that she was a member of his personal staff as she was the second highest ranking member in the office. 

"[The] District Attorney’s Office provided express and unequivocal notice in its Answer that Younge was a member of the district attorney’s personal staff," lawyers wrote. 

Justices on the high court will likely hear arguments for this case in the fall, and release a decision in 2027.