Attorneys React To High Court Pregnancy Bias Ruling, Law360 ft. Philip Voluck
Philip Voluck, managing partner of KDV’s Pennsylvania office, is featured in an article published by Law360 on March 25, 2015. In the article, titled “Attorneys React To High Court Pregnancy Bias Ruling,” Philip offers his comments on the U.S. Supreme Court’s ruling to vacate a Fourth Circuit decision in Young v. United Parcel Service Inc.
“The bewildering decision by the U.S. Supreme Court in Young v. UPS is essentially a ‘non-decision,’ inasmuch as the case was remanded back to the Fourth Circuit Court of Appeals. The court determined it did not have enough evidence upon which to make an informed determination because the Court of Appeals’ analysis was flawed, specifically, its failure to properly apply the McDonnell Douglas burden-shifting framework. Perhaps not surprisingly, the court dismissed the EEOC’s 2014 guidance as ‘…inconsistent with positions for which the Government has long advocated’ and faults it for not explaining the basis of the guidance.”