Resolving the Great Divide in Pregnancy Discrimination

4 Pages Posted: 12 Aug 2014 Last revised: 28 Oct 2014

Date Written: August 11, 2014

Abstract

The Supreme Court granted certiorari on July 1, 2014, in the Fourth Circuit case of Young v. United Parcel Service, to resolve a fundamental disagreement between the federal courts of appeals over the extent to which employers are required to provide reasonable accommodations to pregnant workers under the Pregnancy Discrimination Act of 1978. Prior to granting certiorari, the Supreme Court invited the Solicitor General to submit an amicus curiae brief providing the position of the United States. It was the opinion of the Solicitor General that the Fourth Circuit “erred in holding that petitioner failed to establish a prima facie case of pregnancy-related sex discrimination,” and moreover that “[a] majority of the courts of appeals…to have considered claims similar to petitioner’s have erred” in interpreting the second clause of the PDA. If the Court agrees with the opinion of the Solicitor General, its decision will reverse the current approach in the majority of federal circuits, thereby substantially altering the litigation of pregnancy discrimination claims.

Keywords: pregnancy, discrimination

Suggested Citation

Zehrt, Lynn, Resolving the Great Divide in Pregnancy Discrimination (August 11, 2014). Nashville Bar Journal, July 2014; Belmont University College of Law Research Paper No. 2014-06. Available at SSRN: https://ssrn.com/abstract=2478688 or http://dx.doi.org/10.2139/ssrn.2478688

Lynn Zehrt (Contact Author)

Belmont University - College of Law ( email )

1900 Belmont Boulevard
Nashville, TN 37212
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
51
Abstract Views
429
rank
384,780
PlumX Metrics