Pregnancy Discrimination Law Update

In an important ruling for employers, the Fourth Circuit recently underscored that the Pregnancy Discrimination Act (PDA) does not require employers to provide pregnant workers with special accommodations. Young v. United Parcel Service, Inc., No. 11-2078 (4th Cir. Jan. 9, 2013). When Peggy Young became unable to lift heavy packages due to her pregnancy, she asked UPS, her employer, to accommodate her by putting her on the light work duty that it offered to disabled workers and those injured on the job. Young filed suit after UPS refused.

Young and amicus supporters like the American Civil Liberties Union argued that, because UPS offered light duty work to certain nonpregnant workers, the PDA required it to extend the same treatment to pregnant workers. The Fourth Circuit found, however, that Young was treated the same as the general category of employees who were unable to lift as a result of an off-the-job injury or illness but were not disabled within the meaning of the Americans with Disabilities Act (ADA). The Young Court found that Young was not entitled to protection under the ADA and emphasized that, where a policy treats pregnant employees and nonpregnant employees alike, the employer has complied with the PDA, even if the effect of the neutral policy is that the pregnant employee is prevented from continuing to work.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Patterson Belknap Webb & Tyler LLP | Attorney Advertising

Written by:


Patterson Belknap Webb & Tyler LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.