Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-cfpbc Total loading time: 0 Render date: 2024-04-25T05:38:53.160Z Has data issue: false hasContentIssue false

35 - Forceps Delivery: The Supreme Court Narrowly Saves the Pregnancy Discrimination Act in Young vs. UPS

from PART III - PREGNANT WOMEN AND MOTHERS AT WORK

Published online by Cambridge University Press:  05 May 2016

Joanna L. Grossman
Affiliation:
Maurice A. Deane School of Law, Hofstra University, New York
Get access

Summary

By a vote of 6–3, the Supreme Court ruled in favor of Peggy Young, a UPS driver who claimed she was illegally discriminated against when she was denied a workplace accommodation that was made available to other employees with similar physical restrictions. In an opinion by Justice Breyer, the Court concluded that her case should not have been dismissed on summary judgment; rather, she should have had the opportunity to prove that UPS, by refusing her an accommodation it made available to many other restricted workers, committed pregnancy discrimination. Justice Alito agreed that UPS's victory on summary judgment should be vacated and the case remanded, but based on a different interpretation of applicable law.

This ruling caps off more than a decade of controversial litigation over the application of the Pregnancy Discrimination Act to accommodation claims. And while the Court's reasoning raises many questions, the holding restores protection that pregnant workers should have had by statute but that they have been denied by many federal courts.

HARD LABOR: PEGGY YOUNG AND UPS'S LIGHT-DUTY POLICY

When Peggy Young finally became pregnant after a series of miscarriages, her doctor imposed a restriction on how much she could lift. At the time, she worked as an “air driver” for UPS, a delivery driver who carried lighter letters and packs for United Parcel Service that had arrived by air. UPS decided that it could not continue to allow her to work unless she could lift the amount listed in her job description, even though she rarely if ever was asked to lift things that heavy. She requested a light-duty assignment but was denied, despite the fact that UPS made such accommodations available to three large groups of employees; those who were injured on the job, those who were eligible for an accommodation under the Americans with Disabilities Act, and those who had lost their commercial driver's licenses because of a medical condition such as a diabetic complication or a legal condition such as the loss of a license after a drunk driving conviction. Young, however, was denied a similar accommodation. She was forced out of her job, lost her health insurance, and was allowed to return to work only after giving birth.

Type
Chapter
Information
Nine to Five
How Gender, Sex, and Sexuality Continue to Define the American Workplace
, pp. 208 - 215
Publisher: Cambridge University Press
Print publication year: 2016

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×