Updating a case that we have been following, in March, the U.S. Supreme Court allowed a former UPS driver another chance at proving that the company discriminated against her when she was pregnant, sending her case back to a lower court.
According to National Public Radio, the Supreme Court decided that Peggy Young, the former UPS driver, should have her employer’s responsibilities weighed under the Pregnancy Discrimination Act (PDA). Prior to the ruling, the court was attempting to clarify the meaning of the PDA, which requires employers to treat pregnant women the same as non-pregnant employees.
Young claimed in her lawsuit that when she was pregnant in 2006, UPS did not accommodate her doctor-recommended work restrictions involving lifting weights, which forced her into an unpaid leave. She claimed that due to this, she lost her medical coverage.
UPS countered that it does provide accommodations for workers who are injured on the job, but not those who face “lifting restrictions because of off-the-job medical conditions.” The case went through several lower-level courts and was dismissed before making it to the Supreme Court.
It will now go back down to a lower court for a hearing. We will continue to follow the case as more news comes out. Any ruling could have a wave effect on future pregnancy discrimination claims.
Talking to an Attorney About Pregnancy Discrimination
Remember, under the PDA, if an employee is unable to perform her job due to a pregnancy, an employer must treat her like any other temporarily disabled employee. If you believe that your employer is not providing you with accommodations or has discriminated against you, it may be in your best interest to speak to an attorney.
Through a pregnancy discrimination lawsuit, you may be able to collect damages. You should not have to suffer because you decided to have a child. Keep following our blog for California labor news.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys