With our mandate to work on more than 70 social justice issues, we know that our voice is stronger when joined with our partners to make the changes we wish to see. In our work on the upcoming Supreme Court case Young v. United Parcel Service, we’ve done exactly that, this time with an unusual collection of advocacy groups who have come together around an issue on which we all agree.
In Young v. UPS, the Court will decide under what conditions, if any, the Pregnancy Discrimination Act of 1978 (the PDA) requires an employer that provides work accommodations to employees who are not pregnant but who have work limitations to provide like accommodations to pregnant employees who are “similar in their ability or inability to work.” The plaintiff is Peggy Young, a UPS delivery driver who became pregnant and whose doctor recommended she refrain from lifting packages heavier than 20 pounds to help ensure a healthy pregnancy. UPS denied Young the accommodation, instead forcing her to take an extended, unpaid leave of absence until she could return to work after her child was born. In addition to her wages, Young lost her medical insurance during her leave, compounding the economic hardship that resulted from UPS’s refusal to accommodate her medical needs. Young sued UPS under the PDA, which clarifies that pregnancy discrimination is, indeed, a form of sex discrimination prohibited by Title VII of the Civil Rights Act.