The U.S. Supreme Court has issued its decision in Young v. UPS. Young concerned a female driver who became pregnant and was then refused an accommodation involving lifting restrictions. She could not lift over a certain weight limit. The plaintiff argued that she was treated differently than non-pregnant drivers with disabilities who could receive an accommodation involving weight limits. The Supreme Court surprised both parties by adopting a middle-of-the-road approach. The court overruled the Fourth Court of Appeals’ affirmance of summary judgment. That alone is rare enough.
The Supreme Court pointed out that a worker can always show her case through circumstantial evidence. It went further and ruled that pregnant worker can show that she was treated differently than other workers who were similarly unable to work. That is, the court allows comparison to workers injured off the job, but who suffer limitations similar to that of pregnant workers. The decision, therefore,