In a March 25, 2015 decision, the United States Supreme Court evaluated the United Parcel Service’s (UPS) failure to accommodate a pregnant driver with a light duty position due to the lifting restriction imposed by the driver’s doctor. UPS required its drivers to lift up to 70 pounds, but the driver in this case was restricted to 20 pounds due to her pregnancy. Instead of accommodating the driver with a light-duty position, as UPS had done with other employees with similar lifting restrictions, UPS told the employee that she could not work while pregnant.

Overruling the Fourth Circuit Court of Appeals, the Supreme Court found that the employee had presented sufficient evidence to support a finding of discrimination on the basis of her pregnancy in violation of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978 (“PDA”). The PDA states that a pregnant employee shall be treated the same “as other persons not so affected but similar in their ability or inability to work.” UPS took the position that it did not have to accommodate a pregnant employee similar to other non-pregnant employees where it had a neutral policy of only accommodating employees with certain restrictions: on-the-job injuries, ADA covered disabilities, and loss of DOT Certifications.

The Court found that, although UPS’s policy was non-discriminatory on its face, the policy had the effect of discriminating against pregnant employees. UPS’s policy and history of accommodating other employees with similar lifting restrictions resulted in discrimination against pregnant employees, exclusively. Although the Court declined to find that pregnant employees are always entitled to accommodation, it did find that pregnant employees should be treated the same as other employees “similar in their ability or inability to work,” absent a legitimate non-discriminatory reason for denying accommodation.

If you would like further details on this case, or assistance reviewing or drafting your dealership’s non-discrimination policy, please contact a member of the Dealer Practice Group for guidance by calling 248-645-9300 or by email:

Chuck LeFevre, Chair – [email protected]
Lawrence F. Raniszeski – [email protected]
Michael J. O’Shaughnessy – [email protected]
Eric R. Bowden – [email protected]
Alycia Pallach Wesley – [email protected]
Coriann Gastol – [email protected].