Whether, and in what circumstances, the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), requires an employer that provides work accommodations to non-pregnant employees with work limitations to provide work accommodations to pregnant employees who are “similar in their ability or inability to work.”The employee alleges that UPS offered light duty work to employees who were injured at work, accommodated under the ADA, or who lost Department of Transportation certification - but not for pregnancy.
The gist is that the Pregnancy Discrimination Act prohibits discrimination - so even if it doesn't require accommodation, the employer must treat pregnant employees like other similarly situated employees. In this case, that means providing light duty work.
I can't wait to see what SCOTUS does with this one! We'll have to wait until next season though.
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