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Supreme Court rules in favor of protecting pregnant women in UPS case

In a decision being hailed as a victory by women's groups, a divided Supreme Court revived the case of a female driver who sued UPS for refusing to offer an accommodation during her pregnancy.

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Susan Walsh/AP
Former UPS driver Peggy Young speaks to reporters outside the Supreme Court in Washington in December. The Supreme Court is giving the former UPS driver another chance to prove her claim of discrimination after the company did not offer her lighter duty when she was pregnant. The justices on Wednesday threw out lower court rulings that rejected Young鈥檚 lawsuit.

The US Supreme Court on Wednesday made it substantially easier for a pregnant worker to litigate and win a pregnancy discrimination lawsuit against her employer if workplace policies impose a significant burden.

In a 6-to-3 decision, the high court said that Congress sought to prevent women from being disadvantaged in the workplace by the fact that they, unlike their male colleagues, might require special consideration during a difficult pregnancy.

In effect, the decision says that if a pregnant worker seeks an accommodation, a neutral company policy denying an accommodation may not necessarily insulate the company from litigation if it creates a significant burden to a pregnant employee.

鈥淭he Court recognized that employers can鈥檛 put pregnancy in a class by itself,鈥 said Sam Bagenstos, a law professor at the University of Michigan who argued the winning side in the case.

Women鈥檚 rights groups praised the decision as a major victory for pregnant workers nationwide.

鈥淭he court has put employers on notice: pregnancy is not a reason to discriminate,鈥 Marcia Greenberger, co-president of the National Women鈥檚 Law Center, said in a statement. 鈥淭he court said that if you accommodate most non-pregnant workers who need it but not most pregnant workers who need it, you must be found guilty of violating the Pregnancy Discrimination Act.鈥

The decision came in the case of a United Parcel Service driver in Maryland, Peggy Young, who was denied a light-duty assignment after she became pregnant and her doctor advised her not to lift anything heavier than 20 pounds.

UPS drivers are required to be able to lift packages weighing up to 70 pounds.

UPS has a policy of granting light-duty assignments to workers injured on the job, but pregnancy was not listed as an 鈥渋njury鈥 or otherwise included in the company鈥檚 policy.

Concerned about her pregnancy, Young took an unpaid leave of absence. As a result she lost her company-paid health benefits.

After giving birth, Young returned to UPS. She filed a lawsuit against the company, charging that the firm discriminated against her in violation of the 1978 Pregnancy Discrimination Act.

The law requires employers to treat their workers the same as other employees 鈥渘ot so affected but similar in their ability or inability to work.鈥

Young鈥檚 lawyers argued that failing to provide an accommodation amounted to discrimination under the PDA.

Lawyers for UPS countered that the company did not discriminate against Young because it merely followed its policy 鈥 part of a collective bargaining agreement negotiated with the union 鈥 of offering light-duty assignments only to those injured on the job. Since Young was not injured on the job, she was treated the same as any other employee who sustained an injury or developed a physical condition outside of work that hindered their ability to perform their required tasks.

A federal judge agreed with UPS that it had not engaged in discrimination. A federal appeals court affirmed.

In its opinion on Wednesday, the high court vacated the lower court decisions and remanded Young鈥檚 case for further action consistent with the opinion.

In reaching its decision, the high court rejected arguments by both Young鈥檚 lawyers and lawyers for UPS. Instead, the majority justices set forth a new interpretation of the statute and offered a roadmap to future litigation.

The key issue in future cases 鈥 including Young鈥檚 鈥 will be whether the employer鈥檚 policies impose a 鈥渟ignificant burden on pregnant workers.鈥

To maintain a case, a pregnant employee must show that her requested accommodation was denied despite the fact that her employer had provided accommodations to other workers 鈥渟imilar in their ability or inability to work.鈥

Writing for the majority, Justice Stephen Breyer said an employer could try to justify its refusal to accommodate by relying on nondiscriminatory reasons for the denial. 鈥淏ut, consistent with the [Pregnancy Discrimination] Act鈥檚 basic objective, that reason normally cannot consist simply of a claim that it is more expensive or less convenient to add pregnant women [to the accommodation policy],鈥 Breyer wrote.

He said pregnant workers could seek to show an employer鈥檚 nondiscriminatory policy was merely a pretext to mask discrimination.

鈥淲e believe that the plaintiff may reach a jury on this issue by providing sufficient evidence that the employer鈥檚 policies impose a significant burden on pregnant workers, and that the employer鈥檚 legitimate, nondiscriminatory reasons are not sufficiently strong to justify the burden,鈥 Breyer said.

He said in that case such a showing could 鈥済ive rise to an inference of discrimination.鈥

Breyer continued: 鈥淭he plaintiff can create a genuine issue of material fact as to whether a significant burden exists by providing evidence that the employer accommodates a large percentage of nonpregnant workers while failing to accommodate a large percentage of pregnant workers.鈥

The majority suggested that Young might attempt in her case to show that UPS accommodates most nonpregnant employees with lifting limitations, while categorically failing to accommodate pregnant employees with lifting limitations.

For its part, UPS said it expected to prevail in the lower courts.

鈥淲e are confident that those courts will find that UPS did not discriminate against Ms. Young under this newly announced standard,鈥 the company said in a statement, adding that it had voluntarily changed its workplace policies regarding pregnancy accommodations in October 2014.

In a dissent, Justice Antonin Scalia denounced the majority for rewriting the federal statute to track the court鈥檚 own apparent policy preference.

He said the statute as written by Congress requires that employees must be treated the same for employment related purposes. Both UPS and Young offered different views of how that same-treatment requirement supported their case. But the majority justices rejected both.

鈥淭he Court decides that the clause means something in-between,鈥 Scalia wrote. 鈥淚t takes only a couple of waves of the Supreme Wand to produce the desired result. Poof!: The same-treatment clause means that a neutral reason for refusing to accommodate a pregnant woman is pretextual if the employer鈥檚 policies impose a significant burden on pregnant workers.鈥

An employer can overcome this, if the reasons for the neutral policies are strong enough to justify the burden on pregnant workers, Scalia said.

He added that this new rule ignores the wording of the statute.

鈥淭here is no way to read 鈥榮hall be treated the same鈥 鈥 or indeed anything else in the clause 鈥 to mean that courts must balance the significance of the burden on pregnant workers against the strength of the employer鈥檚 justifications for the policy,鈥 Scalia wrote.

Joining Breyer in the majority were Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. Justice Samuel Alito filed a concurring opinion.

Joining Scalia鈥檚 dissent were Justices Anthony Kennedy and Clarence Thomas.

The case was Young v. United Parcel Service (12-1226).

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