UPS Not Obligated to Provide ‘Light Duty’ to Pregnant Truck Driver, Says Court - Smart HR
A corporate policy that does not include pregnancy among the conditions making an employee eligible for light duty is a “neutral and legitimate business practice,” not evidence of bias against pregnant workers, according to a recent court ruling that dismissed a UPS truck driver’s claim that she was the victim of pregnancy discrimination.
Employers may craft a pregnancy-blind policy — even one that others may characterize as “insufficiently charitable,” the 4th U.S. Circuit Court of Appeals ruled in Young v. United Parcel Service, Inc., 2013 WL 93132 (4th Cir. Jan. 9, 2013). “A lack of charity does not amount to discriminatory animus directed at a protected class of employees,” the court said.
Under UPS policy and the applicable collective bargaining agreement, a pregnant employee can continue working as long as she can perform the essential functions of her job, but is ineligible for light duty work for any limitations arising solely as a result of her pregnancy.
A corporate policy that does not include pregnancy among the conditions making an employee eligible for light duty is a “neutral and legitimate business practice,” not evidence of bias against pregnant workers, according to a recent court ruling that dismissed a UPS truck driver’s claim that she was the victim of pregnancy discrimination.
Employers may craft a pregnancy-blind policy — even one that others may characterize as “insufficiently charitable,” the 4th U.S. Circuit Court of Appeals ruled in Young v. United Parcel Service, Inc., 2013 WL 93132 (4th Cir. Jan. 9, 2013). “A lack of charity does not amount to discriminatory animus directed at a protected class of employees,” the court said.
Under UPS policy and the applicable collective bargaining agreement, a pregnant employee can continue working as long as she can perform the essential functions of her job, but is ineligible for light duty work for any limitations arising solely as a result of her pregnancy.