In a 5-4 decision today (SCOTUSblog analysis here), the United States Supreme Court ruled that Peggy Young’s employment discrimination lawsuit against UPS could proceed. Young was forced to take leave without pay when she was pregnant due to a 20-pound lifting restriction, even though UPS accommodated other drivers in conditions that were similarly, or even more, restrictive.

Young’s suit claimed that UPS violated the Pregnancy Discrimination Act (PDA) of 1978. The 4th Circuit Court of Appeals disagreed, saying that Young couldn’t show that “similarly-situated employees outside the protected class received more favorable treatment” than she did. People who had lost their drivers’ licenses due to DUIs weren’t similarly situated because Young wasn’t legally barred from driving; other workers with physical limitations weren’t similarly situated because they were covered under the Americans with Disabilities Act and Young wasn’t. She appealed, and the Supreme Court held that the Fourth Circuit’s interpretation of the PDA was too narrow.

Young can now go back and make the case that UPS denied her accommodations that were available to other workers who were similar in their ability or inability to work. If she can show that — and in this case, she has — UPS can try to demonstrate that the reasons for not accommodating her were pregnancy-neutral and not based on discrimination. The argument that accommodations would cost money, though technically neutral, can’t be used as a reason not to provide them to pregnant workers.

All in all, this is a victory for pregnant workers and their babies. However, there’s still uncertainty about what accommodations the law requires, and that uncertainty will mean that the only way for many women to get fair treatment is by taking employers to court. That’s why Senator Bob Casey (D-PA), one of the lead sponsors of the Pregnant Workers Fairness Act, said on Twitter: “While today’s #SCOTUS ruling in #YoungvUPS is a victory for Peggy, it does not create a predictable, simple standard for pregnant workers. Congress should pass my #PWFA, to establish a clear and predictable standard, guaranteeing reasonable accommodations for pregnant workers.” We agree. Pregnant workers shouldn’t have to choose between their jobs on the one hand, and their health and that of their children on the other.

For Immediate Release

December 3, 2014

Washington, D.C.—On Wednesday, the United States Supreme Court heard oral arguments in Young v. United Parcel Service, a case that will help determine what accommodations employers are legally obligated to provide to their pregnant employees.

Peggy Young is a UPS employee who sought light duty after her doctor advised her not to lift more than 20 pounds during her pregnancy. Although it grants accommodations for other medical needs, UPS refused to allow Young to return to work until she was no longer pregnant.

Women’s rights and labor rights organizations filed amicus curiae (“friend of the court”) briefs on behalf of Peggy Young. In addition, 23 anti-abortion groups signed on to a brief filed by professors from the University of St. Thomas School of Law. Some media accounts have framed this as a case of “strange bedfellows”—but not everyone finds it strange.

All Our Lives and Feminists for Nonviolent Choices are two of the organizations that joined the pro-lifers’ amicus brief. Both groups work to address the social and economic factors that put unjust pressure on women to have abortions. Both see pregnancy discrimination in employment as an example of social structures that fail to respect human life.

“Our society claims to value children and motherhood so highly, and yet we don’t value them enough to put them before the maximization of profit,” said Jennifer Roth of All Our Lives. “Without reasonable accommodations, a pregnant worker might have to choose between protecting her health and her baby’s on the one hand, and supporting her family on the other. If their lives really matter, they’re worth the cost of a few extra water breaks or a light duty assignment.”

Dr. Mary Dahl Maher, president of Feminists for Nonviolent Choices, stated, “For a truly pro-woman, pro-life decision, the Supreme Court must rule that the 1978 Pregnancy Discrimination Act mean employers are to meet the needs of pregnant women the same as they would meet the needs of any other worker who’s similarly physically restricted. Employer policies that are merely ‘pregnancy-neutral’ are, in fact, prejudiced against pregnancy and therefore against women.”

For more information, visit: http://www.allourlives.org and http://www.ffnvc.org.

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All Our Lives has joined 22 other pro-life organizations in filing a “friend of the court” (amicus curiae) brief in Young vs. United Parcel Service, which the United States Supreme Court will hear during the 2014-2015 session.

Peggy Young is a UPS employee whose doctor advised her not to lift more than 20 pounds during her pregnancy. She sought an accommodation that would allow her to have lighter duty. Although it grants accommodations for other medical needs, UPS refused to allow Young to return to work until she was no longer pregnant. Young sued on the basis that the refusal to accommodate her needs during pregnancy was illegal under the Pregnancy Discrimination Act (PDA).

We are thrilled to have had the opportunity to join this brief, which makes the case that “policies structured around a male-centered ‘ideal worker’ paradigm” are invalid, discriminatory against women, and anti-life.

You can download a PDF of the brief here.