Supreme Court Set to Hear Pregnancy Discrimination Case Tomorrow

baby bumpTomorrow the Supreme Court will hear Peggy Young’s case against United Parcel Service. Although she lost two rounds in lower courts with her discrimination case, tomorrow is a pivotal day.

Young was pregnant with her daughter several years ago and UPS told her she could not have a temporary assignment to avoid lifting heavy packages, per her doctor’s orders.

She told The Associated Press, “They told me basically to go home and come back when I was no longer pregnant. I couldn’t believe it.”

Several years later, she persists with the lawsuit and explains, “I am fighting for my two daughters and I’m fighting for women who want to start a family and provide for the family at the same time.”

Let’s look at some compelling numbers: 75 percent of women entering today’s workforce will become pregnant at least one time while they’re employed. Many of them will work throughout their pregnancies and some will experience complications or physical effects leading them to ask employers for a change of responsibilities or other modifications, per a court brief statement by employment discrimination expert Katherine Kimpel.

Chances are the judges tomorrow will reflect upon the Pregnancy Discrimination Act, a law that was passed in 1978 including discrimination against pregnant women as a violation of the 1964 Civil Rights Act.

It sounds like the question is whether or not UPS violated the law by providing temporary light duty work only to employees who had injuries on the job, were disabled under federal law or had lost their federal driving certification.

Publish date: December 2, 2014 © 2020 Adweek, LLC. - All Rights Reserved and NOT FOR REPRINT