The Supreme Court held in Young v. UPS that claims under the Pregnancy Discrimination Act (PDA) are evaluated by comparing the treatment of pregnant workers to the treatment of "similarly limited" workers. UPS had a policy of granting light duty to employees with certain limitations, such as those injured on the job or those seeking accommodation under the ADA, but the policy did not extend to pregnant employees. UPS argued that its policy complied with the PDA because it was treating pregnant women just as it treated workers without physical limitations, but the Court said that wasn't what the PDA required. Rather, the PDA requires employers to provide pregnant workers with the same accommodations it would provide similarly limited workers.
Action Item: Employers should analyze their accommodation and light duty processes and procedures. If a pregnant woman requires an accommodation that is provided to some other similarly situated workers, she should also have the benefit of that accommodation.