This case has been winding its way through he courts for eight (8) years. It may have a significant impact on the rights of pregnant workers. Considering almost half of our labor force are women and over 40% are the bread winners in the family this case is important to so many families.
According to this case, Peggy Young, a former employee of the United Parcel Service or UPS, was pregnant with her daughter when UPS informed her that she could not be given a temporary assignment in order to avoid lifting heavy packages as ordered by her doctor. UPS had employed Young as a part-time driver who was to deliver overnight letters by 8:30 am. This job requires drivers to be able to lift up to seventy pounds. She was informed by her doctor not to lift more than twenty pounds. She stated that, “They told me basically to go home and come back when I was no longer pregnant.” She filed a lawsuit against the Atlanta based company for discriminating against pregnant women.
Young’s lawsuit is about the Pregnancy Discrimination Act, which was passed by Congress in 1978 to include discrimination against pregnant women as a violation of the 1964 Civil Rights Act. Congress stated that workplace rules that excluded pregnant workers from disability benefits and insurance coverage did not amount to sex discrimination under the landmark civil rights law. Young’s lawsuit is to determine if UPS violated the law through its own policies that provide temporary light work jobs only to employees with on the job injuries that have a disability under federal law or to those employees that have lost their federal driver certification.
UPS spokeswoman Kara Gerhardt Ross said the law is on the company’s side. “UPS did not intentionally discriminate,” Ross said. UPS also noted in their court filings that the Postal Service is an independent agency that receives no tax dollars but is subject to congressional control has similar policies when it comes to pregnant employees. The Postal Service did not comment.
Young argued that because UPS made accommodations for non pregnant employees with work restrictions, it should have done the same for her. The lower courts dismissed the suit, agreeing that Young did not prove UPS discriminated against her because of her pregnancy. The justices agreed in July to review the case. Young stated that, “I am fighting for my two daughters and I’m fighting for women who want to start a family and provide for the family at the same time.”
Three-quarters of women entering the workforce today will become pregnant at least once while employed, and many will work throughout their pregnancies. As this case has shown, pregnancy discrimination can be difficult to prove and that is why if you or someone you care about has faced pregnancy or any other type of discrimination, you should contact a Tennessee pregnancy discrimination attorney with the Higgins Firm. We care about our clients and will answer any questions you may have as well as fight for you to get the compensation you are entitled to for what you have been through.