Legal News

Supreme Court to Rule on Protections for Pregnant Employees
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

UPS, pregnancy, Supreme Court

Summary: A case against UPS from an employee has reached the Supreme Court as Peggy Young battles to gain protections for pregnant workers. 

Peggy Young is an employee of the United Parcel Service who was placed on unpaid leave when she became pregnant back in 2006, according to U.S. News & World Report.

  
What
Where


On Wednesday, the Supreme Court will hear Young’s case against the policy at UPS about unpaid leave during pregnancy.

UPS has been sided with by a district judge and an appeals court in this case, but the supporters for Young hope the Supreme Court will issue a different ruling.

To read more about UPS, click here.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




“The case is very significant because pregnant women should never have to choose between their job and their pregnancy, and here that is exactly what UPS forced Peggy Young to do,” said Lenora Lapidus, director of Women’s Rights Project at the American Civil Liberties Union.

Clarke Forsythe is senior counsel for Americans United for Life. Forsythe said, “Not enough has been done to respect the choice of life.”



The case is centered around the Pregnancy Discrimination Act of 1978, which was passed by Congress when the Supreme Court issued a ruling that pregnant women were not guaranteed special protections under laws that prohibit sexual discrimination.

At UPS, Young was employed as an “air driver,” which required her to lift packages weighing as much as 70 pounds. Young claimed she rarely had to lift anything heavier than 20 pounds while on the job.

To read more about the ACLU, click here.

When she told a supervisor that she was not allowed to lift anything heavier than 20 pounds during her pregnancy, she was told that she could no longer work as an “air driver.” She was also told she did not qualify for light duty work, which includes clerical work.

Young was placed on unpaid leave until her pregnancy ended, which caused her to lose her medical benefits.

UPS has provided light duty work to employees who have been injured on the job, who have impairments covered under the American Disabilities Act and employees who have been deemed unable to drive.

UPS argued that it has not accommodated all of its employees with light duty, especially those who have been injured off the job, which is why they did not feel compelled to give it to pregnant women.

The chief counsel of the Judicial Crisis Network, Carrie Severino, said, “The question comes down to, who is your comparison? It’s clear from the structure of the statute and the intent of the legislation that the Pregnancy Discrimination Act was not intended to keep pregnant women at the floor of the accommodations a company is willing to give.”

To read more stories about the Supreme Court, click here.

The ruling from the Fourth Circuit panel said, “By limiting accommodations to those employees injured on the job, disabled as defined under the ADA and stripped of their DOT certification, UPS has crafted a pregnancy-blind policy.”

UPS announced in October that it would change its policy so pregnant women can be placed on light duty, but it still intends to defend the prior policy in court.

UPS spokeswoman Kara Ross said, “We did not choose to bring this case to the Supreme Court, Peggy Young did, and we will continue to argue our position.”

“UPS is actually ahead of many companies and government agencies, including the U.S. Postal Service, in changing its policy to accommodate pregnant workers with special work assignments,” Ross said.

Will Peggy Young win this case? Use our poll to share your thoughts.

Will Peggy Young defeat UPS?

View Results

Loading ... Loading ...

Image credit: U.S. News



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-Level Commercial Business Litigator

USA-CA-Los Angeles

Los Angeles office is seeking a commercial business litigation attorney with 2-5 years of experience...

Apply Now

Senior Level Litigator

USA-CA-Woodland Hills

Woodland Hills office is seeking a litigation attorney with 5-7 years of experience and a background...

Apply Now

Litigation Associate Attorney

USA-CT-Stamford

Stamford office of our client seeks litigation associate attorney with 3+ years of experience. The c...

Apply Now

Experienced Estate Planning Attorney

USA-CA-Torrance

Torrance office is seeking an estate planning attorney with 7-10 years of experience.

Apply Now

RELEVANT JOBS

Patent / IP Paralegal

USA-WA-Seattle

Patent / IP Paralegal This is an exciting opportunity to work for one of the top law firms in the...

Apply now

Social Security Legal Assistant - Immediate Opening!

USA-PA-Scranton

Scranton-based workers comp, social security, and personal injury law office is seeking a social sec...

Apply now

Associate Attorney

USA-NY-New York City

Law firm seeks associate that must be admitted to practice law in New York  to attend Civil cou...

Apply now

Associate Attorney - Insurance Defense Litigation

USA-NY-Huntington

Growing Long Island insurance defense firm seeking 1 to 5 year associate attorney for their Hun...

Apply now

SEARCH IN ARCHIVE

To Top