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Supreme Court Leaves Pregnancy Discrimination Claim Unresolved, Today’s General Counsel, by Philip Voluck, Esq.

Posted Jul 16, 2015

Article By Philip Voluck, Esq.

In March 2014, the U.S. Supreme Court handed down its first pregnancy discrimination decision since 1991. The issue was an employer’s obligation to accommodate pregnant employees under the Pregnancy Discrimination Act. The Court has already held that Title VII of the Civil Rights Act of 1964 “prohibits an employer from discriminating against a woman because of her capacity to become pregnant.”`

Peggy Young, a driver for UPS, developed a pregnancy-related condition, and requested that she be able to perform “light duty” instead of her normal responsibilities. Her request was denied under a collective bargaining agreement negotiated with Young’s union, which provided that light duty was available only to employees injured on the job, and others accommodated under the Americans with Disabilities Act, as amended. Young did not fall under either category.

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