Lawsuit Against UPS for Violation of Pregnancy Discrimination Act Settled

Last week, UPS had the good sense to settle a pregnancy discrimination case that was renewed by the U.S. Supreme Court in March, which involved a driver’s (Ms. Peggy Young) suit against the postal carrier alleging denial of a her light-duty request in 2006, in violation of the Pregnancy Discrimination Act. The High Court held that both parties interpretation of the Pregnancy Discrimination Act was flawed and decided to have the intermediate Appeals Court resolve the issue.

Last week, UPS and Ms. Young had agreed to dismiss the matter with prejudice, with no mention of any consideration provided in exchange for dismissal of all of Ms. Young’s claims. My guess the sum settled for was considerable.

According to Law360, UPS spokeswoman Susan Rosenberg said in an email that Ms. Young and UPS and reached an agreement in September, and while she declined to shed light on the deal’s terms, she said the new pregnancy accommodation policy UPS implemented in January was a factor.

“UPS changed its policy because the company recognized that state law, regulatory guidance and the general work environment in the U.S. have evolved. UPS believes it is appropriate to update its workplace policies so that the company can attract and retain the best workforce,” Rosenberg’s email said.

The company’s new policy reflects recent developments in state laws and is on par with pregnancy-related guidance from the EEOC, Rosenberg noted in her email.

This national trend toward accommodating pregnant women in the workplace started in New York City back in the beginning of 2014. The Pregnant Workers Fairness Act, which came into effect on January 30, 2014, requires employers to reasonably accommodate pregnant workers, similar to the reasonable accommodation that is required to be provided for disabled employees under the New York City Human Right Law.

Risman & Risman, P.C. wants to make sure that your employer is not depriving you of your right to accommodation in the event you are pregnant. If you believe you or your family member was and/or has been retaliated against in the workplace for being pregnant or requesting a pregnancy related accommodation, please do not hesitate to contact the employment attorneys of Risman & Risman, P.C. at (212) 233-6400 or contact us online.