SCOTUS Takes Up Pregnancy Discrimination Case

Recently the Equal Employment Opportunity Commission issued new guidelines to protect women against pregnancy discrimination (discussed here). Indeed, the EEOC reports that pregnancy discrimination cases are on the rise. The Supreme Court has now intervened and will be hearing a case involving a United Parcel Service (“UPS”) worker who was told to take unpaid leave after she requested a break from heavy lifting because of her pregnancy.

Recently the Equal Employment Opportunity Commission issued new guidelines to protect women against pregnancy discrimination (discussed here). Indeed, the EEOC reports that pregnancy discrimination cases are on the rise. The Supreme Court has now intervened and will be hearing a case involving a United Parcel Service (“UPS”) worker who was told to take unpaid leave after she requested a break from heavy lifting because of her pregnancy.

Under the Pregnancy Discrimination Act, employers are required to treat pregnant women the same as others with short-term disabilities. In Young v. United Parcel Service, Peggy Young’s midwife requested that Young be provided light duty, and not required to lift more than 20 pounds. While UPS did offer such accommodations to workers who were injured on the job, who were disabled under the Americans with Disabilities Act, or who lost their driving credentials, Young’s request was rejected. Because Young was not one of the three groups described above, UPS reasoned it could place Young on unpaid leave.

According to the UPS defense team, the company’s policy is “pregnancy neutral” because pregnant employees are treated just the same as an employee who had similar work restrictions for an off-the-job injury. The contrary argument, however, is that Young was treated worse than certain non-pregnant employees—such as those injured on the job—whose restrictions would be accommodated.

The question before the Supreme Court is significant, since the majority of working women will become pregnant at some point in time in their working lives, and often pregnancy restrictions can conflict with job requirements. Importantly, many fields dominated by women, such as nursing (where women account for approximately 92% of Registered Nurses and 88% of nursing assistants) often have lifting requirements that conflict with physician-imposed pregnancy lifting restrictions.

In Minnesota, the recently enacted Women’s Economic Security Act offers broad protection to pregnant women, working mothers, and other women in the workforce. Under the new law, employers that have 21 or more employees are required to provide pregnancy accommodations unless the accommodation would impose an undue hardship on the employer’s business. Further, the law states that requests for (1) seating; (2) more frequent restroom, food, and water breaks; and (3) limits on lifting over 20 pounds do not pose undue hardships.

If you have suffered from discrimination in the course of your employment, or you have lost your job as a result of your pregnancy, you may have a legal claim against your employer. For more information or to learn about your pregnancy discrimination rights please contact our employment attorneys at Wanta Thome PLC by calling 612-252-3570.