Associated Press
WASHINGTON--The Supreme Court is giving a former UPS driver
another chance to prove her claim of discrimination after the
company didn't offer her lighter duty when she was pregnant.
The justices on Wednesday sided with former driver Peggy Young
in throwing out lower court rulings that rejected Ms. Young's
lawsuit.
The case concerned employers' responsibilities under the
37-year-old Pregnancy Discrimination Act. Atlanta-based UPS
maintained that it obeyed the law because it provided light-work
duty only in limited situations and didn't single out pregnant
women.
The vote was 6-3 in Ms. Young's favor. Justice Stephen Breyer
wrote the majority opinion.
UPS has since changed its policy, and now says it will try to
accommodate pregnant workers. Nine states also have adopted laws
directing employers to do so.
In recent months, the Equal Employment Opportunity Commission
has updated guidance to employers to make clear that they should
accommodate people in Ms. Young's situation. Yet the U.S. Postal
Service said it has made no change in policy and maintains the
practice that UPS has now abandoned.
The outcome reflects a "middle ground" that Justice Elena Kagan
suggested during arguments in early December. Courts must now
re-examine Ms. Young's case with a more accepting view of the
discrimination claim. UPS and other employers facing similar suits
still are able to argue their policies were legal because they were
based on seniority or some other acceptable reason.
Ms. Young's dispute with UPS arose after she gave her supervisor
a doctor's note recommending that she not lift packages heavier
than 20 pounds. Ms. Young, now 43, said she dealt almost
exclusively with overnight letters, but UPS said its drivers must
be able to lift packages weighing up to 70 pounds. Young left the
company in 2009.
The Virginia woman lost two rounds in lower courts.
Copyright 2015 Associated Press
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