Young v. UPS: How the U.S. Supreme Court may change the employment law landscape, Westlaw Journal
By Philip R. Voluck, Esq. and Irina Rabovetsky, Esq.
(September 30, 2014)
Are any of your employees pregnant, thinking of getting pregnant or have so much as the “potential” to get pregnant? If so, then you had better pay attention to the highly anticipated U.S. Supreme Court decision in Young v. United Parcel Service Inc., No. 12-1226, due early next year. Otherwise, you risk quite a few sleepless nights.
Many believe that Young has already been neutered by new Equal Employment Opportunity Commission pregnancy guidance, which was published in July. While it remains to be seen whether the court will look to the guidance in determining the she not lift more than 20 pounds. Though Young was willing to perform either light-duty work or her regular job, UPS would not let her do either. Pursuant to the collective bargaining agreement it had negotiated with Young’s union, UPS provided temporary modified work assignments to other employees, including those injured on the job and those accommodated under the Americans with Disabilities Act. Because of UPS’ denial, Young had to take a lengthy, unpaid leave during which she lost medical benefits. Young claims UPS violated the Pregnancy Discrimination Act by failing…