Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

U.S. Supreme Court to Address Pregnancy Discrimination

Author: Scarinci Hollenbeck, LLC

Date: August 28, 2014

Key Contacts

Back

The U.S. Supreme Court will consider yet another high-profile women’s health issue next term.

The U.S. Supreme Court will consider yet another high-profile women’s health issue next term. In Young v. United Parcel Service, Inc., the justices will determine what types of accommodations employers must make for pregnant workers.

Pregnancy-001

As we discussed last week, the Pregnancy Discrimination Act (PDA) provides that “women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes…as other persons not so affected but similar in their ability or inability to work.” However, the statute does not specifically address accommodations for pregnant workers.

The Facts of the Case

Peggy Young was employed as a driver for United Parcel Service, Inc. (UPS) when she became pregnant. She subsequently gave her supervisor and UPS’s occupational health manager a note from her midwife recommending that she not lift over twenty pounds during her pregnancy.

Young stated that she was willing to do either light duty or her regular job. However, the manager explained that “UPS offered light duty for those with on-the-job injuries, those accommodated under the ADA, and those who had lost [Department of Transportation] certification, but not for pregnancy,” and that “UPS policy did not permit Young to continue working as an air driver with her twenty-pound lifting restriction.”

UPS’s division manager confirmed that Young could not come back to work until she was no longer pregnant. As a result, she was required to go on an extended, unpaid leave of absence, during which she lost her medical coverage. She returned to work two months after giving birth. After exhausting her remedies at the Equal Employment Opportunity Commission (“EEOC”), Young filed suit, alleging that that UPS violated the PDA by failing to provide Young the same accommodations as it provided to nonpregnant employees who were similar in their ability to work.

The Prior Court Rulings

The district court sided with UPS, holding that the company’s decision to deny Young’s lifting accommodation turned on “gender-neutral criteria,” because UPS accommodates “only drivers (1) who suffered on-the-job injuries; (2) who were disabled under the Americans with Disabilities Act; or (3) [who] lost their DOT certification to drive.” Because this policy was “gender-neutral,” the court further concluded that it did not constitute direct evidence of discrimination. Moreover, it could not support an inference “that the employer has animus directed specifically at pregnant women,” which the court deemed necessary to support a PDA claim.

The Fourth Circuit Court of Appeals affirmed the decision. It held that UPS had crafted a “pregnancy-blind policy” by limiting accommodations to three specific categories. It further held that held that the PDA’s requirement that pregnant women “shall be treated the same” as nonpregnant employees “similar in their ability or inability to work,” does not create a distinct and separate cause of action

The Issues Before the Supreme Court

The specific question before the U.S. Supreme Court is “[w]hether, and in what circumstances, the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), requires an employer that provides work accommodations to non-pregnant employees with work limitations to provide work accommodations to pregnant employees who are ‘similar in their ability or inability to work.’”

The EEOC has already taken the position that an employer may not treat pregnant workers differently from employees who are similar in their ability or inability to work based on the cause of their limitations. It will be interesting to see if the justices agree.

If you have questions about the EEOC pregnancy discrimination guidance or want to ensure that your business is in compliance, please contact me, Ramon Rivera, or the Scarinci Hollenbeck Labor and Employment attorney with whom you work. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable? post image

Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?

Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]

Author: Chris Seelinger

Link to post with title - "Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?"
How Expert Witness AI Use Ends Up in Discovery post image

How Expert Witness AI Use Ends Up in Discovery

“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]

Author: Chris Seelinger

Link to post with title - "How Expert Witness AI Use Ends Up in Discovery"
The Screenshot Problem: Why Nothing Is Really Private Anymore post image

The Screenshot Problem: Why Nothing Is Really Private Anymore

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]

Author: Sean M. Pena

Link to post with title - "The Screenshot Problem: Why Nothing Is Really Private Anymore"
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers post image

BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]

Author: Nicholas Wall

Link to post with title - "BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers"
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!