VAN OOSTERHOUT, Senior Circuit Judge.
Anne Farris is a high school teacher employed in the St. Louis public school system; she has taught there continuously since 1967. In 1969 she became pregnant and applied for a maternity leave of absence as was then required by the school board’s regulation 7.733.1 That regulation required a pregnant teacher to take a mandatory maternity leave of absence from teaching without pay for a minimum period of 168 days beginning no later than 140 days prior to the expected birth and continuing at least until the child was 28 days old.
The school board also had in effect a policy which denied an annual incremental salary increase to any teacher absent for a total of more than fifty days during the school year. However, leaves of absence for personal illness or for advanced study were not counted in the fifty day total, and a teacher returning from a leave of absence for one of those two reasons was assigned to the salary to which he would have been entitled had the absence not occurred.2
Farris applied for the pregnancy leave of absence in November 1969 and the leave was granted in December 1969. She did not teach from January 24, 1970, through the end of the second semester in June 1970. Her child was born in late June 1970, and she resumed her teaching duties in September 1970.
Due to the fact she was absent more than fifty days during the 1969-70 school year, Farris did not receive her incremental salary raise in September 1970. Each year thereafter she has been one step lower on the salary scale than she would have been had she not lost an increment in 1970. From the 1970-71 school year through the 1975-76 school year, the total difference amounts to $2,146. She also was not paid any wages for the period of her mandatory maternity absence.3
The provisions of Title VII, 42 U.S.C. § 2000e et seq., became applicable to school boards in March 1972. Pub.L. 92-261, 86 Stat. 103. Farris filed a complaint with the EEOC on July 21, 1972, charging the Board with sex discrimination under Title VII and seeking to recoup lost income from the denial of the incremental raise. Plaintiff’s complaint was eventually filed with the district court on March 12, 1975.
[767]*767In a memorandum opinion reported at 417 F.Supp. 202 (E.D.Mo.1976), the district court granted the plaintiff’s summary judgment motion, awarding her back pay only from 1972, the effective date of the amendments which subjected school boards to liability.4 Although the court concluded that the 1972 amendments should not be applied retroactively to remedy a past discriminatory event, it nevertheless held that “relief may be granted under the Act to remedy present effects of discriminatory acts which occurred prior to the effective date of the Act.” Id. at 206 (emphasis added). The court made this holding on the strength of our decision in Marquez v. Omaha District Sales Office, 440 F.2d 1157 (8th Cir. 1971), which concluded: “While it is true, * * that the Act was intended to have prospective application only, relief may nevertheless be granted to remedy present and continuing effects of past discrimination.” Id. at 1160 (emphasis added).
The school board has appealed, contesting both this holding and the timeliness of Farris’ filing in the district court. Farris has cross-appealed, seeking additional attorney’s fees.
Since the time of the district court’s decision and of the oral arguments before us, the Supreme Court has decided International Brotherhood of Teamsters v. United States, 431 U.S. 324, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977), and United Air Lines, Inc. v. Evans, 431 U.S. 553, 97 S.Ct. 1885, 52 L.Ed.2d 571 (1977). The parties have filed supplemental briefs concerning the effect of these decisions on the district court’s conclusion that it could redress the “continuing violation” in this case under Title VII.5
The “continuing violation” issue is the sole one we reach. We conclude that United Air Lines, Inc. v. Evans, supra, precludes recovery in this case. We accordingly reverse the judgment of the district court and remand with directions to grant the school board’s cross-motion for summary judgment.
Carolyn J. Evans was employed by United Air Lines as a flight attendant from 1966 to 1968, at which time she married and was forced to resign under United’s then-existing “no marriage” rule. By 1972 the rule had been abrogated. Evans was then rehired but was denied seniority credit for her prior service with United. She eventually brought suit against United alleging sex discrimination in violation of Title VII. At least by the time her case reached the Supreme Court, it was common ground that her failure to file a charge with EEOC within the requisite ninety days of the 1968 separation precluded any recovery relative to the separation itself. A more difficult issue was presented by Evans’ continuing loss of benefits due to United’s refusal to give credit for prior service. Despite the continuing adverse effects of the 1968 separation, the Court denied recovery.
Farris’ claim differs from Evans’ in at least one obvious way. Since Title VII was not applicable to school boards in 1970, Farris is an alleged victim of pre-Act discrimination. United was fully subject to Title VII in 1968, and Evans was thus an alleged victim of post-Act discrimination. It follows that the literal holding in Evans does not bar recovery here. Nevertheless, the Court’s rationale in Evans leads inexorably to the conclusion that Farris, like Evans, cannot recover. We rely on the following language:
Nothing alleged in the complaint indicates that United’s seniority system treats existing female employees differently from existing male employees, or that the failure to credit prior service differentiates in any way between prior service by males and prior service by females. Respondent has failed to allege [768]*768that United’s seniority system differentiates between similarly situated males and females on the basis of sex.
Respondent is correct in pointing out that the seniority system gives present effect to a past act of discrimination. But United was entitled to treat that past act as lawful after respondent failed to file a charge of discrimination within the 90 days then allowed by § 706(d). A discriminatory act which is not made the basis for a timely charge is the legal equivalent of a discriminatory act which occurred before the statute was passed. It may constitute relevant, background evidence in a proceeding in which the status of a current practice is at issue, but separately considered, it is merely an unfortunate event in history which has no present legal consequences.
Respondent emphasizes the fact that she has alleged a continuing violation. United’s seniority system does indeed have a continuing impact on her pay and fringe benefits.
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VAN OOSTERHOUT, Senior Circuit Judge.
Anne Farris is a high school teacher employed in the St. Louis public school system; she has taught there continuously since 1967. In 1969 she became pregnant and applied for a maternity leave of absence as was then required by the school board’s regulation 7.733.1 That regulation required a pregnant teacher to take a mandatory maternity leave of absence from teaching without pay for a minimum period of 168 days beginning no later than 140 days prior to the expected birth and continuing at least until the child was 28 days old.
The school board also had in effect a policy which denied an annual incremental salary increase to any teacher absent for a total of more than fifty days during the school year. However, leaves of absence for personal illness or for advanced study were not counted in the fifty day total, and a teacher returning from a leave of absence for one of those two reasons was assigned to the salary to which he would have been entitled had the absence not occurred.2
Farris applied for the pregnancy leave of absence in November 1969 and the leave was granted in December 1969. She did not teach from January 24, 1970, through the end of the second semester in June 1970. Her child was born in late June 1970, and she resumed her teaching duties in September 1970.
Due to the fact she was absent more than fifty days during the 1969-70 school year, Farris did not receive her incremental salary raise in September 1970. Each year thereafter she has been one step lower on the salary scale than she would have been had she not lost an increment in 1970. From the 1970-71 school year through the 1975-76 school year, the total difference amounts to $2,146. She also was not paid any wages for the period of her mandatory maternity absence.3
The provisions of Title VII, 42 U.S.C. § 2000e et seq., became applicable to school boards in March 1972. Pub.L. 92-261, 86 Stat. 103. Farris filed a complaint with the EEOC on July 21, 1972, charging the Board with sex discrimination under Title VII and seeking to recoup lost income from the denial of the incremental raise. Plaintiff’s complaint was eventually filed with the district court on March 12, 1975.
[767]*767In a memorandum opinion reported at 417 F.Supp. 202 (E.D.Mo.1976), the district court granted the plaintiff’s summary judgment motion, awarding her back pay only from 1972, the effective date of the amendments which subjected school boards to liability.4 Although the court concluded that the 1972 amendments should not be applied retroactively to remedy a past discriminatory event, it nevertheless held that “relief may be granted under the Act to remedy present effects of discriminatory acts which occurred prior to the effective date of the Act.” Id. at 206 (emphasis added). The court made this holding on the strength of our decision in Marquez v. Omaha District Sales Office, 440 F.2d 1157 (8th Cir. 1971), which concluded: “While it is true, * * that the Act was intended to have prospective application only, relief may nevertheless be granted to remedy present and continuing effects of past discrimination.” Id. at 1160 (emphasis added).
The school board has appealed, contesting both this holding and the timeliness of Farris’ filing in the district court. Farris has cross-appealed, seeking additional attorney’s fees.
Since the time of the district court’s decision and of the oral arguments before us, the Supreme Court has decided International Brotherhood of Teamsters v. United States, 431 U.S. 324, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977), and United Air Lines, Inc. v. Evans, 431 U.S. 553, 97 S.Ct. 1885, 52 L.Ed.2d 571 (1977). The parties have filed supplemental briefs concerning the effect of these decisions on the district court’s conclusion that it could redress the “continuing violation” in this case under Title VII.5
The “continuing violation” issue is the sole one we reach. We conclude that United Air Lines, Inc. v. Evans, supra, precludes recovery in this case. We accordingly reverse the judgment of the district court and remand with directions to grant the school board’s cross-motion for summary judgment.
Carolyn J. Evans was employed by United Air Lines as a flight attendant from 1966 to 1968, at which time she married and was forced to resign under United’s then-existing “no marriage” rule. By 1972 the rule had been abrogated. Evans was then rehired but was denied seniority credit for her prior service with United. She eventually brought suit against United alleging sex discrimination in violation of Title VII. At least by the time her case reached the Supreme Court, it was common ground that her failure to file a charge with EEOC within the requisite ninety days of the 1968 separation precluded any recovery relative to the separation itself. A more difficult issue was presented by Evans’ continuing loss of benefits due to United’s refusal to give credit for prior service. Despite the continuing adverse effects of the 1968 separation, the Court denied recovery.
Farris’ claim differs from Evans’ in at least one obvious way. Since Title VII was not applicable to school boards in 1970, Farris is an alleged victim of pre-Act discrimination. United was fully subject to Title VII in 1968, and Evans was thus an alleged victim of post-Act discrimination. It follows that the literal holding in Evans does not bar recovery here. Nevertheless, the Court’s rationale in Evans leads inexorably to the conclusion that Farris, like Evans, cannot recover. We rely on the following language:
Nothing alleged in the complaint indicates that United’s seniority system treats existing female employees differently from existing male employees, or that the failure to credit prior service differentiates in any way between prior service by males and prior service by females. Respondent has failed to allege [768]*768that United’s seniority system differentiates between similarly situated males and females on the basis of sex.
Respondent is correct in pointing out that the seniority system gives present effect to a past act of discrimination. But United was entitled to treat that past act as lawful after respondent failed to file a charge of discrimination within the 90 days then allowed by § 706(d). A discriminatory act which is not made the basis for a timely charge is the legal equivalent of a discriminatory act which occurred before the statute was passed. It may constitute relevant, background evidence in a proceeding in which the status of a current practice is at issue, but separately considered, it is merely an unfortunate event in history which has no present legal consequences.
Respondent emphasizes the fact that she has alleged a continuing violation. United’s seniority system does indeed have a continuing impact on her pay and fringe benefits. But the emphasis should not be placed on mere continuity; the critical question is whether any present violation exists. She has not alleged that the system discriminates against former female employees or that it treats former employees who were discharged for a discriminatory reason any differently from former employees who resigned or were discharged for a non-discriminatory reason. In short, the system is neutral in its operation.
United Air Lines, Inc. v. Evans, supra, 431 U.S. at 557-58, 97 S.Ct. at 1888-89 (footnote omitted).
Of singular significance here is the Court’s statement that “[a] discriminatory act which is not made the basis for a timely charge is the legal equivalent of a discriminatory act which occurred before the statute was passed”, for in this sentence the Court has necessarily expressed its considered opinion on Farris’ claim. Nor do we find the statement to be a particularly surprising one. For if United (because Evans did not file a timely charge) could treat as lawful under Title VII an act otherwise unlawful under Title VII, it surely follows that the school board here can treat as lawful under Title VII an act which in fact was lawful under Title VII.
Farris took her required leave of absence during the first half of 1970 and was denied an incremental salary raise in the fall of that year. No violation of Title VII occurred in 1970, however, because school boards were not subject to Title VII until 1972. It is true, of course, that even after 1972 Farris has been one step lower on the salary scale than she would have been had she not lost an increment in 1970. But “the emphasis should not be placed on mere continuity” and “the critical question is whether any present violation exists.” Farris does not allege, nor does the record suggest, that incremental raises are in any way dependent upon sex.6 She similarly does not allege, nor does the record suggest, that she is in any different position from other persons, men or women, who suffered an unexcused absence of fifty or more days in a school term prior to 1972. That being the case, the system cannot be said to discriminate now on the basis of sex and there is accordingly no present violation. “In short, the system is neutral in its operation.”
As a factual matter, we find some support for Farris’ contention that placing her one step higher on the salary scale would not adversely affect the rights of other employees. We might for this reason agree that relief is not barred in this case by Section 703(h) of Title VII, 42 U.S.C. § 2000e-2(h).7 Cf. International Brother[769]*769hood of Teamsters v. United States, supra. But this is beside the point. While the Evans Court did find United’s seniority system impervious to challenge under Section 703(h), the discussion of that section, 431 U.S. at 558-60, 97 S.Ct. 1885, was not essential to the Court’s judgment. Rather, the Court made clear that the applicability or inapplicability of Section 703(h) to a particular case is a question quite distinct from the analytically prior question of whether a violation of Title VII otherwise occurred.8 Indeed, the Court expressly stated: “§ 703(h) provides an additional ground for rejecting [Evans’] claim.” Id. at 560, 97 S.Ct. at 1890 (emphasis added). In sum, Section 703(h) may or may not bar relief here, but relief is barred in any event because (1) any discrimination against Farris in 1970 did not violate Title VII and (2) Farris has not been subjected to discrimination since 1972.
Farris’ additional contention that Evans should not control because Farris has been continuously employed by the school board since 1967 is without merit. As already noted, the Evans Court stated: “ ‘the emphasis should not be placed on mere continuity’.” See Martin v. Georgia-Pacific Corp., 568 F.2d 58, 62 (8th Cir. 1977).
Accordingly, the judgment appealed from is reversed, and the cause is remanded to the district court with directions to grant the school board’s cross-motion for summary judgment. Because Farris has not prevailed on the merits of her claim, she is not entitled to attorney’s fees. Her cross-appeal is accordingly dismissed.
Reversed.