Certiorari granted in Young v. United Parcel Service.
Peggy Young was a pregnant UPS employee whose doctor advised that she be restricted as to how much weight she could lift. Her job required lifting, so UPS refused to allow her to work. Also, UPS refused to allow her to do light duty work. Young sued UPS, and lost.
UPS provides light duty work to employees who have on-the-job-injuries or are entitled to accommodation under the ADA or have lost their DOT certification, but not to employees who are unable to do their regular jobs due to being pregnant.
The 4th Circuit followed the majority view of the lower courts: Where a policy treats pregnant workers and nonpregnant workers alike, the employer has complied with the Pregnancy Discrimination Act.
The issue in Young v. United Parcel Service is:
Whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that provides work accommodations to non-pregnant employees with work limitations to provide work accommodations to pregnant employees who are “similar in their ability or inability to work.”
I think the majority view is wrong, but I’m not sure the Supreme Court will agree with me.
Oral argument will be scheduled for October 2014 or later.
[For a list of current employment law cases, see US Supreme Court Watch.]