The plaintiff, Peggy Young, was a part-time delivery driver for the United Parcel Service (UPS) in Maryland. Her duties generally included carrying light letters and packages. But in her job description all drivers are required to be able to left up to 70 pounds.
During her pregnancy she submitted a doctor note recommending her not the lift more than 20 pounds and recommended to work light duty.
The company denied the doctor’s request because on the basis that lifting more than 10 pounds was essential to the function of her job. The company claimed that they provide employees who had on-the-job injuries with light-duty assignment. Young was not under that category due to her “injury” happening of duty. UPS let Young remained on unpaid leave of absence until she was no longer pregnant.
Since this law suit UPS has changed their policy and will consider accommodations for pregnant workers.
January 9, 2013, Young lost her appeal to the U.S. Court of Appeals for the 4th circuit and now UPS has asked for her to reimburse more than $8,000 in attorney’s fees. The court agreed, this order is still pending the Supreme Court Decision.
Sam Bagenstos, the former No.2 official in the U.S. Justice Department’s Civil Rights Division and a law professor at the University of Michigan, will be arguing for Young before the Supreme Courts. With her other lawyer Sharon Fast Gustafson by her side, they will be recovery of lost wages and benefits, as well as damages deemed appropriate by the jury. Once the Supreme Court grants them a trial against UPS before a jury.
pishsite 