Monday, February 4, 2013
Via the Daily Labor Report:
A UPS driver prevented from working while pregnant because her doctor imposed a lifting restriction lacks a triable claim under the Americans with Disabilities Act or the pregnancy discrimination amendment to Title VII of the 1964 Civil Rights Act. Young v. UPS Inc., 4th Cir., No. 11-2078, 1/9/13.
The court held UPS's light-duty policy, which excludes pregnant employees the same as other workers temporarily unable to perform their jobs because of non-work related conditions, does not violate Title VII, as amended by the Pregnancy Discrimination Act. The court rejects a PDA interpretation that would require accommodations for pregnant employees like those the ADA requires for workers with disabilities. “We therefore adhere to the majority view that where a policy treats pregnant workers and nonpregnant workers alike, the employer has complied with the PDA,”