Connect with us

Politics

Justices Revive ex-UPS Worker’s Pregnancy Bias Lawsuit

Published

on

In this Dec. 3, 2014 file photo, Peggy Young, a Virginia woman who lost her UPS job because she became pregnant, speaks to reporters outside the Supreme Court in Washington. The Supreme Court is giving the former UPS driver another chance to prove her claim of discrimination after the company did not offer her lighter duty when she was pregnant. The justices on Wednesday sided with former driver Peggy Young in throwing out lower court rulings that rejected Young’s lawsuit. (AP Photo/Susan Walsh)

In this Dec. 3, 2014 file photo, Peggy Young, a Virginia woman who lost her UPS job because she became pregnant, speaks to reporters outside the Supreme Court in Washington. The Supreme Court is giving the former UPS driver another chance to prove her claim of discrimination after the company did not offer her lighter duty when she was pregnant. The justices on Wednesday sided with former driver Peggy Young in throwing out lower court rulings that rejected Young’s lawsuit. (AP Photo/Susan Walsh)

MARK SHERMAN, Associated Press

WASHINGTON (AP) — The Supreme Court gave a former UPS driver another chance Wednesday to prove her claim of discrimination after the company did not offer her lighter duty when she was pregnant.

The justices on Wednesday sided 6-3 with former driver Peggy Young in throwing out lower court rulings that rejected her lawsuit.

The case concerned employers’ responsibilities under the 37-year-old Pregnancy Discrimination Act. Atlanta-based UPS Inc. maintained that it obeyed the law because it provided light-work duty only in limited situations and did not single out pregnant women.

But in ordering lower courts to look again at Young’s claim, Justice Stephen Breyer said for the court that one consideration should be, “Why, when the employer accommodated so many, could it not accommodate pregnant women as well?”

UPS said it did not provide light-duty work to any employees unless they were injured on the job, had a condition that was covered by the Americans With Disabilities Act or lost their federal certificate to drive a commercial vehicle.

Justice Antonin Scalia said in dissent that the majority waved “the Supreme Wand” to arrive at the outcome it preferred. Scalia said the law “does not prohibit denying pregnant women accommodations, or any other benefit for that matter, on the basis of an evenhanded policy.” Justices Anthony Kennedy and Clarence Thomas joined the dissent.

The outcome reflects a “middle ground” that Justice Elena Kagan suggested during arguments in early December. Courts must now re-examine Young’s case with a more accepting view of the discrimination claim. UPS and other employers facing similar suits still are able to argue their policies were legal because they were based on seniority or some other acceptable reason.

UPS has since changed its policy and now says it will try to accommodate pregnant workers. Nine states also have adopted laws directing employers to do so.

In recent months, the Equal Employment Opportunity Commission has updated guidance to employers to make clear that they should accommodate people in Young’s situation. Yet the U.S. Postal Service said it has made no change in policy and maintains the practice that UPS has now abandoned.

Pregnant workers in situations similar to Young’s also may have additional protections under 2008 amendments to the Americans with Disabilities Act. Young’s pregnancy occurred before Congress changed the disabilities law.

Women’s rights groups and Young’s lawyers praised the decision. “We think it’s a big win for Peggy Young. We think it’s a big win for pregnant workers around the country,” said Samuel Bagenstos, Young’s lawyer at the Supreme Court.

UPS spokeswoman Susan Rosenberg said the court did not embrace Young’s argument that UPS’ policy was discriminatory and instead ordered lower court review under a standard that neither side argued for at the Supreme Court.

“We are confident that those courts will find that UPS did not discriminate against Ms. Young under this newly announced standard,” Rosenberg said.

Young’s dispute with UPS arose after she became pregnant through in-vitro fertilization and gave her supervisor a doctor’s note recommending that she not lift packages heavier than 20 pounds. Young, now 43, said she dealt almost exclusively with overnight letters, but UPS said its drivers must be able to lift packages weighing up to 70 pounds. She returned to work two months after her daughter, Triniti, was born. Young left the company in 2009.

The Virginia woman lost two rounds in lower courts. Triniti is now 7.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Activism

Oakland Post: Week of April 17 – 23, 2024

The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024

Published

on

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

Continue Reading

Barbara Lee

Congresswoman Barbara Lee Issues Statement on Deaths of Humanitarian Aid Volunteers in Gaza 

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12). “This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

Published

on

Congresswoman Barbara Lee
Congresswoman Barbara Lee

By California Black Media

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12).

“This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

The same day, it was confirmed by the organization that the humanitarian aid volunteers were killed in a strike carried out by Israel Defense Forces (IDF). Prior to the incident, members of the team had been travelling in two armored vehicles marked with the WCF logo and they had been coordinating their movements with the IDF. The group had successfully delivered 10 tons of humanitarian food in a deconflicted zone when its convoy was struck.

“This is not only an attack against WCK. This is an attack on humanitarian organizations showing up in the direst situations where food is being used as a weapon of war. This is unforgivable,” said Erin Gore, chief executive officer of World Central Kitchen.

The seven victims included a U.S. citizen as well as others from Australia, Poland, the United Kingdom, Canada, and Palestine.

Lee has been a vocal advocate for a ceasefire in Gaza and has supported actions by President Joe Biden to airdrop humanitarian aid in the area.

“Far too many civilians have lost their lives as a result of Benjamin Netanyahu’s reprehensible military offensive. The U.S. must join with our allies and demand an immediate, permanent ceasefire – it’s long overdue,” Lee said.

Continue Reading

Community

Financial Assistance Bill for Descendants of Enslaved Persons to Help Them Purchase, Own, or Maintain a Home

California Legislative Black Caucus (CLBC) vice chair Sen. Steven Bradford (D-Inglewood) introduced new legislation related to reparations to the Senate Committee on Housing on April 2 in Sacramento. Senate Bill (SB) 1007, “establishes the Homeowner’s Assistance for Descendants of Enslaved Persons Program to make financial aid or assistance available to descendants for the purposes of purchasing, owning, or maintaining a home,” the legislation states.

Published

on

Sen. Steven Bradford (D-Inglewood). Photo Courtesy of L.A. Sentinel
Sen. Steven Bradford (D-Inglewood). Photo Courtesy of L.A. Sentinel

California Legislative Black Caucus (CLBC) vice chair Sen. Steven Bradford (D-Inglewood) introduced new legislation related to reparations to the Senate Committee on Housing on April 2 in Sacramento.

Senate Bill (SB) 1007, “establishes the Homeowner’s Assistance for Descendants of Enslaved Persons Program to make financial aid or assistance available to descendants for the purposes of purchasing, owning, or maintaining a home,” the legislation states.

The Senate Housing Committee advanced the bill with an 8-1 vote. It will be re-referred to the Appropriations Committee for consideration.

Sen. Kelly Seyarto (R-Murrieta) was the only member who voted against the bill.

“SB 1007 is about starting a long process of paying back a debt that is not only owed, but that was also promised, and is 160 years overdue, to African Americans,” Bradford told the committee chaired by Sen. Nancy Skinner (D-Berkeley). “It is the first step in closing the wealth and equity gap created by centuries of slavery and racial discrimination policies.”

The bill aligns with one of the 115 recommendations listed in a two-year study conducted by the California reparations task force, of which Bradford was one of nine members.

Bradford said the report reveals that, in the state of California, a typical Black-owned home is 22% less valuable than a White-owned home.

Various advocacy groups from around the state attended the hearing held at the State Capitol Annex Swing Space. The California Housing Partnership, Bay Area Regional Health and Inequities Initiative, Coalition for A Just and Equitable California, Disability Rights of California, the American Civil Liberties Union of California, and California Community Builders all voiced their support of the bill.

Continue Reading

Subscribe to receive news and updates from the Oakland Post

* indicates required

CHECK OUT THE LATEST ISSUE OF THE OAKLAND POST

ADVERTISEMENT

WORK FROM HOME

Home-based business with potential monthly income of $10K+ per month. A proven training system and website provided to maximize business effectiveness. Perfect job to earn side and primary income. Contact Lynne for more details: Lynne4npusa@gmail.com 800-334-0540

Facebook

Trending

Copyright ©2021 Post News Group, Inc. All Rights Reserved.