The United States Supreme Court will decide a case, Young v. UPS, regarding the scope of protections for a pregnant employee required by the Pregnancy Discrimination Act.  

Peggy Young was a UPS driver. Because of her pregnancy her doctor and midwife imposed lifting restrictions of not greater than 20 pounds. Her employer, UPS, refused to accommodate these restrictions, although it does accommodate employees who have restrictions on account of a work-related injury, a disability within the Americans With Disabilities Act or some CDL-related restriction.  So Young argues that the Pregnancy Discrimination Act requires UPS to accommodate her restrictions on account of her pregnancy in the same manner that it does other employees who have restrictions on account of other causes.  Young frames the question for the Court as follows:

Whether, an in what circumstances, an employer that provides work accommodations to non-pregnant employees with work limitations must provide work accommodations to pregnant employees who are "similar in their ability or inability to work." 

The case is scheduled for oral argument on December 3, 2014. Read here the Brief for Peggy Young.

Lexington, Kentucky discrimination lawyer Robert Abell represents individuals and employees with claims under the Pregnancy Discrimination Act; contact him at 859-254-7076. 


Post A Comment