• Free case evaluation and severance agreement review
  • Fresno559-494-4911
  • Beverly Hills424-279-4990
  • Sacramento916-361-6048
  • Oakland510-550-5761
  • San Francisco415-830-8941
Bryant Whitten, LLP

Supreme Court to rule on pregnancy discrimination

Individuals in California who are pregnant or planning to become pregnant may be particularly interested in the results of one future Supreme Court ruling. That ruling has to do with pregnancy discrimination and how that discrimination is interpreted. The Pregnancy Discrimination Act was passed by Congress in order to protect pregnant women from job discrimination and to remind employers that doing so was illegal. However, a woman working for UPS was denied a request to only lift boxes weighing under 20 pounds despite having a note from her midwife requesting light duty for the duration of her pregnancy.

The U.S. Court of Appeals for the Fourth Circuit ruled in favor of UPS and claimed that acceding to the woman's request offered an unfair advantage to pregnant employees. The appellate court also ruled that the actions of UPS did not constitute pregnancy discrimination. However, a number of organizations including medical associations, pro-life groups, state and local lawmakers and members of Congress who passed the act in the first place all argued that the law was intended to protect women in circumstances exactly like this one.

The Equal Opportunity Employment Commission reports that pregnancy discrimination is on the rise. At present, it is unclear how the Supreme Court will rule even though 11 amicus briefs were filed supporting the woman. However, based on previous court decisions, it is possible that a majority may rule in favor of UPS.

Regardless of the how the Supreme Court rules in this particular case, pregnant women who feel they have faced workplace discrimination as a result of pregnancy may wish to consult an attorney. The attorney may be able to advise on the next steps such as documenting the discrimination and speaking with someone in human resources.

Source: Think Progress, "What To Expect When The Supreme Court Returns To Work Next Week", Ian Millhiser and Nicole Flatow, September 23, 2014

No Comments

Leave a comment
Comment Information
  • AV Preeminent | Peer Rated for highest Level of Professional Excellence
  • Rated By Super Lawyer | Rising Stars | Amanda Whitten | SuperLawyers.com
  • Lead Counsel Rated
  • Avvo Rating | 10.0 superb | Top Attorney Employment
Email Us For A Response

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy