Peggy Young worked as a driver for UPS. When she became pregnant, her doctor advised that she avoid lifting heavy objects. Her request for a light-duty assignment was denied.
UPS said that under its collective bargaining agreement, light-duty assignments were only available in three circumstances: when the employee is injured on the job; disabled as defined by the Americans with Disabilities Act, or lost her driving certification.
Young sued after she was forced to take unpaid leave.
Under the Pregnancy Discrimination Act, companies are required to accommodate workers who are unable to perform their regular duties because of pregnancy. Both a federal judge and federal appeals court ruled against her. They said the PDA has a provision stating that pregnant women “shall be treated the same for all employment-related purposes, including receipt of benefits… as other persons not so affected but similar in their ability or inability to work.”
The courts ruled that UPS’s policy didn’t discriminate based on pregnancy because all workers were treated alike. The question in Young v. United Parcel Service is whether, despite this lack of explicit discrimination, the PDA still requires companies to provide a suitable arrangement.
The case is scheduled to be argued on Dec. 3.
This column was published in the December 2014 issue of American Shipper.
Brokerage Compliance Symposium
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
F3 Awards Dinner
The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
F3: Future of Freight Festival
Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowIndustry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now