Los Angeles partner Kate Gold was quoted in an article titled, “Birth Rights: A Look at Pregnancy Discrimination” in Workforce Magazine.
The article discusses how when the U.S. Supreme Court issues its ruling on Young v. United Parcel Service Inc. this term, employers across the country could start scrambling to update their reasonable accommodation policies for workers with pregnancy-related disabilities.
Peggy Young, who first filed a lawsuit against her former employer in 2007 for not providing an accommodation of light-duty work because the source of her disability did not occur on-site, could potentially make a pregnant employee’s source of disability immaterial for the reasonable accommodation process. In other words, all that would matter is that an employee has a disability that may need to be accommodated. Such a ruling would be in line with the U.S. Equal Employment Opportunity Commission’s July 2014 guidance on pregnancy discrimination.
“Anything that limits your ability to work that isn’t fleeting like a cold or flu, an employer is going to want to consider seriously. If Young’s case had arisen after the ADA was amended in 2008, I think a lot of employers would have just given Young an accommodation,” Kate said.