In the 1973 case Cleveland Board of Education et al. v. LaFleur et al., the U.S Supreme Court ruled that mandatory unpaid leave policies for pregnant school teachers were unconstitutional, violating the Due Process Clause of the Fourteenth Amendment. The case involved two public school systems (Cleveland and Chesterfield County) which required pregnant teachers to take an unpaid maternity leave five months before their expected childbirth date and not return until three months after delivery. These rules were challenged by Jo Carol LaFleur and other affected teachers who argued they should be allowed to work as long as they are physically able to perform their duties effectively, just like any other temporary disability cases among employees in schools. The court agreed with them in a 7-2 decision stating that these arbitrary deadlines did not reasonably further any state interest, hence infringing on women's rights.

In the dissenting opinion for Cleveland Board of Education v. LaFleur, Justice Powell argued that the mandatory maternity leave policies in question were not unconstitutional. He believed they served a legitimate state interest by ensuring continuity and quality of education for students, which could be disrupted by unpredictable absences due to childbirth or related medical issues. Furthermore, he contended that these rules did not violate any fundamental rights as pregnancy was a unique condition requiring special treatment and it was within an employer's right to establish reasonable regulations around it. Lastly, he pointed out that such policies protected pregnant teachers from potential health risks associated with working too close to their delivery dates while also safeguarding them against job insecurity during their absence.