On December 3rd, the Supreme Court heard arguments in Young vs. UPS, in which one former driver is taking on the shipping giant for what she says is pregnancy discrimination.
A quick rundown: Peggy Young, then a part-time driver for UPS, became pregnant in 2006. Her midwife advised her not to lift more than 20 pounds for the remainder of her pregnancy — a problem in a job that required her to be able to lift 70. When she asked for light duty, reasoning that the UPS offered that option to disabled and injured workers, the company said she was ineligible and put her on unpaid leave. Young and her lawyers say this violates the Pregnancy Discrimination Act.
One big shift came earlier this year, when the EEOC issued new guidance saying that certain conditions arising from pregnancy can be treated as disabilities, and that employers should treat them that way. That new guidance arose in part from the 2008 amendments to the Americans with Disabilities Act (ADA).
For more information regarding employment law, risk management, and pregnancy discrimination, contact the Goosmann Law Firm at info@goosmannlaw.com or call 712-226-4000.
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