Last week, the U.S. Supreme Court held in Young v. UPS that employers may be required to accommodate pregnant employees, but the Court did not look favorably on the EEOC’s recent pregnancy guidelines.
Peggy Young, a UPS employee, had lifting restrictions during her pregnancy. She asked to continue working in her regular job or be reassigned to a light duty position while pregnant. UPS denied her request and she sued, claiming that UPS violated the law by failing to offer her the same accommodations UPS offered to non-pregnant employees with physical disabilities who had similar work restrictions. UPS did offer light duty accommodations to people injured on the job or individuals with disabilities who lost their Department of Transportation certificates.
The Court held that Young had to show that
- she was a member of a protected class;
- she requested accommodation;
- the employer denied her request; and
- the employer did accommodate others who were similar in their ability to work.
An employer could refute the claim if it showed that it had a legitimate, non-discriminatory reason for denying the accommodation request. Cost or convenience would not be a legitimate reason.
Employers with light duty or accommodation policies should review those policies to confirm that they comply with the Court’s new guidance. All accommodation or light duty requests should be treated similarly, regardless of pregnancy status.
