SCOTUS Agrees To Consider Whether Pregnant Workers Must Be Able To Perform The Essential Functions Of The Job

Last week, in Young v. United Parcel Service, Inc.,the U.S. Supreme Court agreed to answer the question of whether an employer is required to accommodate an employee who is unable to perform the essential functions of her job due to pregnancy-related restrictions. The Supreme Court’s resolution of this case could provide helpful clarification for employers regarding the types of pregnancy-related accommodations they must provide.

The Fourth Circuit’s decision, which is the subject of review, provided that — where an employer has a policy restricting work limitations that treats both pregnant workers and non-pregnant workers alike — an employer has complied with the Pregnancy Discrimination Act.  See 707 F.3d 437 (4th Cir. 2013).  In Young, the essential function of the plaintiff’s job required her to lift, lower, push, pull, leverage, and manipulate packages weighing up to 70 pounds. The employer also had a policy of offering light duty only to those employees injured while on the job or suffering from a permanent impairment cognizable under the American With Disabilities Act. The plaintiff sued after her employer placed her on an extended unpaid leave of absence because the plaintiff’s mid-wife imposed a 20 pound lifting restriction.

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