Until UPS changed its pregnancy policy in 2015, UPS provided “light-duty assignments” only to employees with injury restrictions, driving restrictions, or disabilities. However, pregnant employees were not included.
UPS Light-Duty Accommodations
Employees injured on the job, employees with driving restrictions, and employees with disabilities received accommodations during their employment. These accommodations included light-duty assignments, allowing these employees to avoid heavy-duty projects. However, UPS did not include pregnant employees in these accommodations.
As a result, a UPS driver alleged that this lack of accommodation for pregnant employees violated the Pregnancy Discrimination Act (PDA).
In response, UPS has now agreed to a $2.5 million settlement to resolve this dispute. Pregnant employees of UPS who were not properly compensated and accommodated in 2012 through 2014 will receive payment for their work. Pregnant employees are now included for reasonable accommodations. Further, the settlement agreement includes the explanation that UPS’s obligation to its pregnant employees includes union and non-union workers.
Why is this important?
Pregnant employees should feel comfortable and respected in the workplace. These employees should receive the same level of accommodations their coworkers receive for medical impairments.
Pregnancy discrimination is illegal. The Pregnancy Discrimination Act (PDA) protects pregnant employees by prohibiting pregnancy-based discrimination in the workplace. Further, the State of New Jersey has some of the strongest laws in the country to protect pregnant women from workplace discrimination. Under the New Jersey Law Against Discrimination (NJLAD), employers must prevent discrimination in their workplace. Employers must also provide reasonable accommodations to pregnant employees. The federal law protects workers employed by companies with over 15 employees, however the NJLAD covers all employees within the state of New Jersey.
Pregnancy discrimination is illegal under federal and state law. Your pregnancy should be an exciting time for you and your family. You should not have to fear discrimination or unreasonable expectations during your pregnancy.
Pregnancy Discrimination Attorneys at McOmber McOmber & Luber, P.C. Advocate on Behalf of Victims of Pregnancy Discrimination
Let us help you. At McOmber McOmber & Luber, P.C., we will fight against any form of discrimination in the workplace. The Pregnancy discrimination lawyers at McOmber McOmber & Luber, P.C. can help you. Please call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, OR contact us at 888-396-0736 or online for a free consultation. We represent all clients in Middletown, Cherry Hill, and throughout New Jersey.