Today, March 25, 2015, the U.S. Supreme Court decided a case that involved a pregnant woman and the UPS. The decision is not available yet, but once it does become available, this website will post its content right away. Basically, the pregnant plaintiff worked for the UPS for many years. She became pregnant and was told by her doctor to go on light duty. This is a very common thing for pregnant women to have to go through while pregnant. The former employer did not accommodate her, so she hired a pregnancy discrimination lawyer who sued on her behalf. The lower court and appellate court did not find anything wrong and ruled in favor of the defendant. This final appeal to the U.S. Supreme Court turned out to be very beneficial to the pregnant plaintiff. The Supreme Court ruled in the plaintiff’s favor reversing the lower courts’ rulings. She will then be entitled to back pay and other compensation.
Prior to the ruling the UPS did change its policy and now does allow a pregnant female the same accommodations that the current female plaintiff is seeking. The ruling was 6-3 in favor of the pregnant female former employee. The Court looked at the 1978 Pregnancy Discrimination Act. While at work, the former pregnant discrimination plaintiff was forced to take unpaid leave without benefits.
The court in essence held that pregnant workers deserve the same accommodations given to at least some non-pregnant workers with similar needs. (See USA Today Article – http://www.usatoday.com/story/news/nation/2015/03/25/supreme-court-pregnancy-discrimination/24478037/). The pregnant plaintiff in this case was denied light duty as a driver because her pregnant was not the result of an on the job injury, a disability recognized by federal law or the loss of her driver’s certification. That is why the lower courts ruled the way they did. But, the Supreme Court disagreed and reversed. They called for treating pregnant women the same as those injured outside of work. The oral arguments for the plaintiff’s pregnancy discrimination lawyer was in December of 2014.
If you have been the subject of a Kentucky pregnancy discrimination case, please call and speak to a Kentucky pregnancy discrimination lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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