The U.S. Supreme Court has agreed this term to hear a case involving a pregnant UPS driver and whether she is entitled to a light-duty assignment under the federal Pregnancy Discrimination Act even though the company’s collective bargaining agreement does not provide such an accommodation.
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.
UPS in Supreme Court
