The Amlong Firm ${}${SEMFirmNameAlt}

Appellate court hears arguments in pregnancy discrimination case

It has been many decades since "I Love Lucy" broke barriers by allowing Lucille Ball's pregnancy to be shown on television. Since that time, Americans have come to understand that while pregnancy often requires certain employment accommodations, whether the expectant mother works on a television show, in a restaurant or as an executive at a Fortune 500 company, it does not justify treatment characterized as pregnancy discrimination in the workplace.

Nevertheless, pregnancy discrimination claims continue to be filed in workplaces across the nation. Many claims center around wrongful termination because of a pregnancy, improper leave practices or lessening of a capable employee's workload. But what happens when an individual's pregnancy requires reasonable accommodations in favor of a temporarily lighter workload?

A federal appeals court recently heard arguments in the case of a UPS package delivery driver who claims she was discriminated against when the company refused to grant her a light duty assignment for the remainder of her pregnancy. At the point that she requested the assignment, her physician had recommended that she refrain from lifting anything heavier than 20 pounds.

Though UPS admits to accommodating other workers with light duty assignments when these workers are either disabled or lose their drivers' licenses, it refuses to grant the same accommodation to pregnant employees. These pregnant workers are left without jobs and without health insurance.

The Pregnancy Discrimination Act protects pregnant workers against such disparate treatment. Hopefully the federal appeals court will honor the letter and spirit of this law and grant this pregnant worker the compensation to which she is entitled.

Source: ACLU, "A Pregnant Worker's Day in Court," Ariela Migdal, Oct. 26, 2012

No Comments

Leave a comment
Comment Information

Protect Your Rights And Your Job

Get The Legal Help You Need

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

500 Northeast Fourth Street
Suite 200
Fort Lauderdale, FL 33301

Toll Free: 877-367-4440
Phone: 954-519-2235
Fort Lauderdale Employment Law Office