Published in the American Bar Association (ABA Section of Litigation)
The U.S. Supreme Court on March 25, 2015, decided Young v.
United Parcel Service, Inc. (UPS), 575 U.S. ____ (2015). The issue
in the case was whether, and in what circumstance, the Pregnancy
Discrimination Act (PDA), 42 U.S.C. 2000e(k), requires an employer
that provides work accommodations to non-pregnant employees with
work limitations to also provide work accommodations to pregnant
employees who are "similar in their ability or inability to
work." UPS offered a "light duty program" to workers
who were injured on the job, were disabled under the Americans with
Disabilities Act (ADA), or had lost their Department of
Transportation (DOT) certifications. UPS, however, did not provide
any such accommodations to pregnant employees who were not
medically disabled. Young challenged the policy, arguing that the
PDA requires an employer to provide pregnant employees light duty
work if it provides similar work to other employees in other
circumstances.
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