February 4, 2013
Pregnant UPS Driver Denied Work Lacks Title VII, ADA Claims
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,”
Unfortunately, UPS does not believe protecting their drivers who are pregnant by affording accommodations under Title VII is good for the bottom line and instead excludes them. It is not because of being unable to provide the accommodations but having to pay future maternity leave and costs incurred. My grandfather would say that if they don't want to protect their workers vote with your feet and use another competitor. My wife faced a similar issue at work and was not allowed time off to breast fee but a coworker who was male was accommodated with a shorter work schedule to "bond" with his adopted son. And he was not lactating! Does the decision make sense? No. But not until we have more women on the bench will these decision change. We still are in the dark ages with regards to women's rights.
Posted by: EJ Ramirez | Feb 17, 2013 7:36:53 PM