The U.S. Supreme Court’s recent Young vs. UPS case added quite a few new protections for women who face pregnancy discrimination in the workplace. Peggy Young, an ex UPS driver was fired after her employer found her to be counterproductive as she no longer could lift things that were heavy due to her pregnancy. She was denied any accommodations and immediately terminated, resulting in loss of income and loss of health insurance. Young was only to return after she gave birth and was able to return to work without restrictions. Young claimed that she was wrongfully terminated under the Pregnancy Discrimination Act, because she was not accommodated, though other workers with similar inabilities to work were permitted "light-duty accommodations."
After bringing her case to a lower court and having her case dismissed, in a 6-3 decision, the Supreme Court reversed that decision and reinstated her claims. This gave Young the opportunity to go before a jury to plead her case.
The Young vs. UPS decision requires employers to take a closer look at accommodating pregnant workers. It also shows that pregnancy accommodations should not be made depending on the number of other non-pregnant related accommodations being made. Employers must equally protect pregnant employees and employees with other injuries in determining whether to accommodate disabilities. This marks a significant expansion of the Pregnancy Discrimination Act. If you have been discriminated against due to your pregnancy or pregnancy related disability and you live in Queens or anywhere else in NYC, you should contact The Rose Law Group to schedule a free consultation.
