Supreme Court Issues Pregnancy Accommodation Ruling: Various Documents Updated

Authors: Melissa Burdorf, Marta Moakley and Beth Zoller, XpertHR Legal Editors

In Young v. UPS, the US Supreme Court declined to impose a blanket accommodation requirement for pregnant employees under the Pregnancy Discrimination Act (PDA). However, policies that provide workplace accommodations to some employees but not to pregnant employees may nonetheless violate the PDA. In court, an employee may show that her employer failed to provide her with a requested pregnancy accommodation, but accommodated others similar in their ability or inability to work. Even if the employer presents a legitimate, nondiscriminatory reason for denying the accommodation, the employee has the opportunity to show that the reason was a pretext for discrimination.

In light of this ruling, the following sections of the Employment Law Manual have been updated:

• EEO - Discrimination;
• Disabilities (ADA);
• FMLA;
• Other Leaves; and
• Managing Employees in Special Situations.

These other documents have also been revised to reflect the Court's ruling:

• Pregnancy Discrimination;
• How To Prevent Pregnancy Discrimination; and
• The Bermuda Triangle Has Expanded: The FMLA's Intersection with the ADA, Workers' Compensation and More.