Pregnancy Discrimination Act

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Is the Supreme Court’s recent decision in Young v. United Parcel Service, here, a limited ruling, applicable only in the context of the Pregnancy Discrimination Act (PDA)? Or, does the decision ring in a whole new (and less employer-friendly) era in discrimination case law? It is too early to tell. Allow this explanation for why.

The Supreme Court ruled that UPS may have violated the PDA by not providing a temporary light duty assignment to a pregnant driver who was on temporary, pregnancy-related restrictions. But the Court found that neither party was entitled to their desired interpretation of the PDA.
Continue Reading Supreme Court Revives Pregnancy Discrimination Case

A federal court recently ruled that an employer’s rigid application of its light-duty policy could be used as evidence of pregnancy discrimination.  The employer had a policy of providing light-duty jobs only to employees with on-the-job injuries, which the Court here, and the EEOC (Equal Employment Opportunity Commission) in general, have blessed as not showing disability bias against those with impairments caused off-the-job.  Here, however, a pregnant certified nursing assistant who had a temporary lifting restriction was denied a light-duty job.  Since her job required lifting in assisting nursing home residents, the employer considered her to have “resigned” when the employee gave notice of the doctor’s restrictions.  The employee sued.
Continue Reading Rigid Application of Light-Duty Policy May Discriminate Against Pregnant Employees

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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