Monell v. Department Of Social Services

436 U.S. 658 (1978)

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Nature of the Case

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Facts

Monell (P), a class of female employees of the Department of Social Services and of the Board of Education of the city of New York (Ds), commenced this action under 42 U. S. C. § 1983 because Ds compelled pregnant employees to take unpaid leaves of absence before such leaves were required for medical reasons. The suit sought injunctive relief and back pay for periods of unlawful forced leave. The District Court held moot P's claims for injunctive and declaratory relief since the city of New York and the Board, after the filing of the complaint, had changed their policies relating to maternity leaves so that no pregnant employee would have to take leave unless she was medically unable to continue to perform her job. Ps' prayers for back pay were denied because any such damages would come ultimately from the city of New York and, therefore, to hold otherwise would be to 'circumvent' the immunity conferred on municipalities by Monroe v. Pape. Ps appealed.