Reading on the Run: Articles of Interest to Working Moms (Pregnancy Discrimination is Easier to Prove)

Me with Heather Arnet, CEO of the Women and Girls Foundation,  a week before I had my son last year

I have been openly critical of Corporate America and of the legal profession as it relates to their support of women in general, pregnant women in particular, and working moms. That said, I never had to choose between my job and having a healthy baby. That was an immeasurable blessing. However, many women did not enjoy that basic right despite the existence of the Pregnancy Discrimination Act of 1978, which provides that "women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work". Instead, they were forced to make these tough choices and it was wrong. 

Recently, The Supreme Court Made it Easier for Pregnant Workers to Prove Discrimination

I previously wrote about Young v. UPS a case that was pending before the Supreme Court. (You can read the post by clicking here.) That case was asserted because Peggy Young alleged that she had been discriminated against by UPS for being pregnant and denied the ability to avail herself of corporate practices that were available at UPS or workers who were otherwise disabled. Ms. Young was fighting to right the wrong that I described above. The great thing is, she won!  

With this decision, the Supreme Court made it easier for pregnant workers to prove discrimination.  Because of this ruling fewer pregnant women will face discrimination in the workplace.  That is good for women, good for families, and good for our economy and our country. As a former employment lawyer I know that this ruling will prompt employers  to take a hard look at their policies and practices as it relates to accommodating pregnant women. And even though there is more work to do, that is a good thing.

For more information about Young v. UPS, read below.

• A Pregnant Worker’s Right to Sue
• LegalEyes for March 26, 2015 (acslaw.org)
• Young v. UPS Musings and an Open Thread (lawprofessors.typepad.com)
• Young v. UPS : Bias Plaintiffs Win at the Supreme Court (cato.org)
• US Supreme Court revives pregnant worker's case against UPS (dnaindia.com)
• The Supreme Court Just Made It Easier for Pregnant Workers to Prove Discrimination (cosmopolitan.com)
• U.S. Supreme Court revives pregnant worker's case against UPS (dailymail.co.uk)