Supreme Court Agrees To Hear Appeal In Young v. UPS

On July 1, 2014, the U.S. Supreme Court agreed to review Young v. UPS, a decision that will determine whether and to what extent an employer must provide pregnant employees with work accommodations, such as light duty, under the Pregnancy Discrimination Act (PDA).

On January 9, 2013, the U.S. Court of Appeals for the Fourth Circuit upheld the district court ruling in Young that: (1) the employer did not "regard" a pregnant employee as disabled under the Americans with Disabilities Act (ADA); and (2) employers are not required under the PDA to provide pregnant employees with light duty assignments so long as the employer treats pregnant employees the same as non-pregnant employees with respect to offering accommodations.

The plaintiff in Young was a part-time driver. Although all drivers were required to be able to lift items weighing up to 70 pounds, the plaintiff's duties generally included carrying lighter letters and packages. After the plaintiff became pregnant, she asked for a brief leave of absence. Shortly thereafter, the plaintiff submitted a doctor's note with a recommendation that she not lift more than 20 pounds, and asked for an accommodation to work light duty. The company refused these requests and did not allow her to return to work because lifting more than 20 pounds was an essential function of her job. Notably, UPS, as do many employers, accommodated on-the-job injuries with light duty assignments but did not offer light duty assignments to employees, male or female, who had medical conditions unrelated to a work injury. The plaintiff argued that the PDA requires employers to provide pregnant employees light duty work if it provides similar work to other employees in other circumstances. Both the U.S. District Court for the District of Maryland and the Fourth Circuit held that the company's policy was lawful under the PDA because "where a policy treats pregnant workers and nonpregnant...