The Most Talked About Recent Employment Case That Probably Doesn’t Affect You: Young v. UPS

Ervin Cohen & Jessup LLP
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Pregnant woman at work with laptop looking stressedYou may have been hearing a lot in the last few weeks about an important “pro-employee” case in which the US Supreme Court revived a pregnancy discrimination case against the United Parcel Service. What you may not be hearing, though, is that while the decision was a big blow to the UPS, which had won at the lower court levels, it is of little impact on employers today.

You see, not long after UPS denied their pregnant employee light duty to accommodate her pregnancy and she sued them, Congress amended federal discrimination laws pertaining to pregnancy-related accommodations. Specifically, Congress amended the Americans with Disabilities Act in 2008 and expanded the definition of “disability” to include “physical or mental impairment[s] that substantially limi[t]” an individual’s ability to lift, stand, or bend.”

Anyone who has been pregnant or has seen a pregnant woman can tell you that this pretty much covers most pregnancy-related “disabilities”. That means pregnant employees with such disabilities would now be protected under the ADA and entitled to its reasonable accommodation requirements.

The US Supreme Court actually acknowledged that the ADA amendment may make its decision less than impactful on employers today.

So now you know what you should know about the most talked-about recent employment case that probably doesn’t affect you.

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.

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