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.

Written by:

Published In:

ADA
PDA
UPS

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

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* 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.
×
Loading...
×
×