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Peggy Young of Lorton, Va., with her daughter, Triniti, in Washington. (AP Photo/Jacquelyn Martin)

Supreme Court reviews a pregnant woman’s right to work

Throughout her daughter’s lifetime, Peggy Young has been in a legal battle with her former employer, UPS, and now it's up to the Supreme Court to decide…

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Peggy Young’s legal battle with parcel delivery service, UPS, is as old as her daughter — seven years, give or take a few months. When Young, a delivery driver, became pregnant, the company maintained that she could no longer do her job and put her on unpaid leave, causing her to also lost health insurance benefits. Throughout her daughter’s lifetime, Young’s legal battle rose through the judicial system, all the way to the Supreme Court which will soon decide whether companies must accommodate pregnant women just as they accommodate people with disabilities.

Soon into her pregnancy, Young’s doctor told her she shouldn’t lift more than 20 lbs. That wasn’t too much of a problem, Young said — she normally delivered letters and small packages. But her employer’s reaction was that her pregnancy was a problem. While UPS routinely gives injured or disabled workers “light-duty” jobs, like scanning packages or answering phones, the company told Young that it had no “light-duty” work for her. That’s when Young was put on unpaid leave, with no medical insurance, just months before her baby was due.

Under the Pregnancy Discrimination Act of 1978, pregnant women or recently pregnant women must be treated the same as other non-pregnant employees. The National Women’s Law Center, which helped Young file suit, has argued that if UPS accommodates those with disabilities who can’t lift, it must accommodate pregnant women. But pregnancy isn’t included in the Americans With Disabilities Act, so the comparison may only be taken so far by the court.

Meanwhile, female UPS workers who become pregnant starting next year may be given “light-duty” work thanks to a recent change in company policy. The company’s competitors — FedEx and USPS — don’t currently offer their pregnant employees that option.

States like Pennsylvania have introduced their own legislation requiring employees to accommodate pregnant women.

 
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