A Supreme Court ruling may have implications for employers who have not given particular consideration to their policies regarding pregnant workers. In the Peggy Young v. United Parcel Service Inc. case, the highest court in the U.S. ruled in favor of the plaintiff and sent the case back to a lower court.
Peggy Young was a part time UPS driver stationed in a Maryland facility in 2006 when she became pregnant. On advice from her midwife, Young informed her employer that she was no longer able to lift packages that weighed more than 20 pounds. UPS requires that its drivers be able to lift a minimum of 70 pounds. Nonetheless, the employer has made accommodations for injured employees in the past who could no longer meet that requirement.
Young asserts that she was asking for a similar accommodation. However, UPS informed the driver that the lifting restriction would render her unable to work. For most of her pregnancy, Young stayed at home without pay. Eventually, she lost the health insurance that her employer had been providing.
She filed a lawsuit, arguing that UPS had failed to accommodate her when they had a history of accommodating other employees working under similar restrictions. UPS countered with the argument that those workers had been injured or disabled on the job. Moreover, many of those who received accommodations were part of a class protected by the Americans with Disabilities Act.
UPS was initially successful in fighting Young’s claims, but the plaintiff kept appealing until the case reached the Supreme Court. In a six to three decision, the highest court noted that “there is a genuine dispute as to whether UPS provided more favorable treatment to at least some employees whose situation cannot reasonably be distinguished from Young’s.”
The decision sends the case back to the 4th Circuit Court where Young will have another chance to make her argument. It’s clear that UPS intends to fight this case to the end. The company has even introduced temporary light-duty positions for pregnant employees who are under physical restrictions in an effort to bolster their anti-discrimination stance.
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