CHAPTER 3 Equal Employment Opportunity Conflict over an Employee’s Pregnancy at UPS There is sometimes pushback in companies when women become pregnant and request changes to their work schedules and responsibilities. In some instances, pregnant women are asked to take un- paid leave or are press job after her pregnancy was over. Consequently, the individual’s pay and benefits came to a halt. The HR department was not contacted because she assumed that the company was following its stated policies. While on unpaid leave, she pursued a com The troubling fact is that many of these situations plaint in federal court that UPS violated the require- could be more effectively handled with some type ments of the Pregnancy Discrimination Act (PDA) of accommodation that is both reasonable and fair. A district court decided that UPS was not in viola Providing reasonable accommodations to preg tion of the PDA. The Fourth U.S. Circuit Court of nant women, similar to those provided to individu- Appeals supported this decision, stating that UPS’s als with physical or mental challenges, is the best policy did not adversely target the employee based strategy for avoiding poor morale and potential on her pregnancy. It is speculated that the ruling lawsuits. Pregnancy discrimination falls under the might have been different if the case had occurred after the ADAAA was passed. Maryland also passed ured to quit their positions. A UPS driver, who had been working for the a law that provides pregnant employees special company for seven years at the Landover, Maryland accommodations similar to those given to individu- facility, faced some of these issues when she became als who have short-term physical challenges.” pregnant. She was sent to the firm’s nurse, who told her that she needed to see a doctor to get a more QUESTIONS detailed assessment of her needs. The doctor pro- vided her with a note stating that she should not lift 1. What can HR professionals do to mitigate con packages heavier than 20 pounds. This requirement cerns about pregnancy discrimination in the was not an issue because she mostly dealt with light materials. Upon submitting the note, she was told that the company had a policy stating that light nt employees? weight duties could not be given to individuals who 2. If you were an HR manager at UPS, how would had health concerns that were caused outside of the workplace. Her manager indicated that she was a the case? How could the employee’s immediate potential liability, and that she should return to her manager have handled the situation differently? workplace? What does the law say companies need to do to avoid violating the rights of preg- you have handled the situation described in
