The extent to which the Pregnancy Discrimination Act requires an employer to accommodate a pregnant employee is the subject of Young v. United Postal Service. The case began [PDF] in 2006, when Peggy Young, a delivery driver for UPS, became pregnant. Her doctor advised her that she should not be lifting more than twenty pounds while at work. UPS’ policy was that drivers must be able to lift up to seventy pounds. Due to her inability to meet this requirement, as well as the fact that she had used up all of her available leave, UPS put Young on extended unpaid leave. Young lost her health insurance at this time. She returned to work following the birth of her child in 2007 and filed a case against UPS claiming gender and disability-based discrimination for UPS’ failure to accommodate her needs during her pregnancy. Her disability claim has since been dropped. Young’s primary claim is that the Pregnancy Discrimination Act follows the Americans with Disability Act, requiring employers to offer reasonable accommodations for pregnant employees. Thus, UPS should have offered Young a light work alternative position during her pregnancy. UPS contends that no such accommodation requirement exists under the law.

The case originated in Maryland, where the District Court dismissed [PDF] Young’s claim. The case was appealed and the Fourth Circuit Court of Appeals affirmed the District Court ruling.

Young first petitioned [PDF] for writ of certiorari before the Supreme Court in April of 2013. The Supreme Court requested that the Solicitor General file a brief expressing the stance of the United States on the issue in October 2013. This brief [PDF] was filed by the Solicitor General on May 19, 2014. In this brief, the Solicitor General argued that the Court of Appeals misapplied the law and that the petitioner, Young, is correct in her stance on the issue. However, the brief further argued that the questioned presented did not warrant Supreme Court review at this time and advocated that the Court not grant certiorari. Despite this, on July 2, 2014, the Supreme Court granted certiorari. On Wednesday, December 3, the Supreme Court heard arguments from both sides in anticipation of making a ruling.