EX-UPS driver's pregnancy bias claim at high court

[Omaha Steve]

Source: AP-EXCITE

By MARK SHERMAN

WASHINGTON (AP) — Peggy Young only has to look at her younger daughter to be reminded how long she has fought United Parcel Service over its treatment of pregnant employees, and why.

Young was pregnant with Triniti, who's now 7 years old, when UPS told Young that she could not have a temporary assignment to avoid lifting heavy packages, as her doctor had ordered.

"They told me basically to go home and come back when I was no longer pregnant," Young said in an interview with The Associated Press. "I couldn't believe it."

She sued the Atlanta-based package-delivery company for discriminating against pregnant women. She lost two rounds in lower courts, but the Supreme Court will hear her case Wednesday.

FULL story at link.



This Nov. 14, 2014, photo, shows Peggy Young, of Lorton, Va., with her daughter Triniti, 7, in Washington. Peggy Young has only to look at her 7-year-old younger daughter to be reminded how long she has been fighting with United Parcel Service over its treatment of pregnant employees, and why. Young was pregnant when the company told her she could not have a temporary assignment to avoid lifting heavy packages, as her doctor ordered. She sued UPS for discriminating against pregnant women and, after losing two rounds in lower courts, the Supreme Court will hear her case Wednesday. (AP Photo/Jacquelyn Martin)


Read more: http://apnews.excite.com/article/20141129/us-supreme-court-pregnancy-discrimination-0aba799900.html

[NV Whino]

1. This is a tough one

To be a UPS driver you must be able to lift a certain amount of weight. Temporary reassignment when you can't meet those requirements may not be possible. The solution, of course, is paid maternity (or sick) leave.

I believe this woman might have gotten farther if she advocated for paid leave for all who needed it rather than taking a "they done me wrong" approach.

[itsrobert]

2. non-sense, there are plenty of jobs at UPS that doesn't involve lifting heavy weight

There is the dispatch section, the safety office, inventory control, etc.

[NV Whino]

3. Of occur se there are jobs like that

But they are already occupied.

Don't misunderstand me, UPS was very shortsighted on this. But I think, legally, she has taken the wrong approach.

[cstanleytech]

4. You may want to reread the article as it clearly states they have provided light duty

for workers who were injured so they could have done the same in this case easily enough.

[NV Whino]

5. Thanks.

[mikekohr]

6. I worked at UPS for 17 years, 12 in management

They are assholes pure and simple.

I turned over internal company documents that proved violations of age discrimination and "stacking of the applicant pool," that resulted in a sealed EEOC judgment against them.

Other documents proved campaign solicitation violations which after a 4 year legal battle they settled for a fine with the FEC and a promise never to do it again. (never get caught again)

Other documents proved they knowingly violated the "Fair Labor Standards Practice Act," in denying drivers their lunch breaks. These documents were used as evidence in a civil case that cost them $ millions.

However, when people were given light duty it was almost always when an Workman's Compensation injury occurred. People would be brought in to answer phones, empty garbage or just basically sit doing nothing. It was done to discourage people from filing Workers Comp claims and to pressure people to come back to work as fast as possible. I had one instance where the company doctor ordered a driver to return to work, full duty, with a cast on his leg from his ankle to his hip. When I asked the Doctor why he did this he explained he was following company orders. I got my ass chewed for questioning the Doctor.

Actual "light duty jobs are few and far between and as noted above, already filled by someone else. In the smaller, rural operating centers such jobs don't exist at all.

Just sayin'

[cstanleytech]

8. Ease up there Mike, I wasnt defending them for this.

[mikekohr]

10. Actually I was, kinda.

Last edited Sun Nov 30, 2014, 04:18 PM - Edit history (1)

Light duty jobs are far and few between at UPS. Except at the larger hubs and even then as posted above someone else, often a Teamsters represented and contract protected worker has those positions.

It was company policy to never allow someone back to work under light duty restrictions, except as I noted, in the cases of a Workman's Comp injury. I can honestly say in the operating center I worked in such a request would not nor could it have been reasonably honored.

Then, she would have been granted maternity leave. Today she would qualify for FLMA and/or short term disability depending on her doctors diagnosis.

[mikekohr]

13. Upon Further Review I ammend My Position

After reading the WAPO article it appears that the young lady was employed as a part-time delivery driver for next day air letters in Washington DC. Less than 3% of her deliveries weighed more than 20 pounds. She had a doctors excuse and a medical history of miscarriage. In this case reasonable accommodations could have been made and in fact UPS is making those accommodations now.

I hope she wins the case but I caution again that in many of UPS's small, rural operating centers this would not be reasonable or possible.

[Snow Leopard]

17. Being injured isn't a choice though

So that is different

[mikekohr]

18. UPS has already began modifying their policy on pregnancy

And rarely was a "light duty" assignment ever anything more than a message being sent to the injured and to all other employees that if they filed an injury report UPS would make them report for work and watch paint dry for 8 hours.

[tammywammy]

14. She delivered envelopes and light parcels and only occasionally had packages

That reached the 20 lb threshold. Since they made accommodations to drivers that lost their driver's license, seems they could have made reasonable accomodations for her as well.

http://mobile.nytimes.com/2014/12/01/us/case-seeking-job-protections-for-pregnant-women-heads-to-supreme-court.html?_r=0&referrer=

[Kelvin Mace]

7. Another opportunity for the Scalia 5

To fuck over workers.

[Hugin]

11. Yeah, want to bet what the decision on this will be?

I'm going with 5 to 4.

[okaawhatever]

15. I prefer the term "Fascist Five" it has a nice ring to it. nt

[Kelvin Mace]

16. True,

but Scalia is the evil ringleader, I like giving him top billing.

[24601]

9. The key words are "reasonable accommodation" and that it's intuitive that a company with the size

scope of UPS has the capability to provide reasonable accommodation to its pregnant employees.

[INdemo]

12. With this "Corporations are people too" SCOTUS

I wouldn't expect any ruling to go her way.

[mikekohr]

19. Perhaps this deserves another thread, but this is a great article on topic

-clip-
The U.S. Supreme Court is grappling with how employers should treat pregnant workers like Peggy Young, who sued UPS after the parcel company forced her to take unpaid leave rather than accommodate a doctor’s recommendation that Young lift no more than 20 pounds.

It’s a question many other countries settled long ago.

Take Germany. And a law called “Mutterschutz Gesetz,” or “The Maternity Protection Act.”

It works like this: As soon as a woman discovers she’s pregnant, she tells her employer. The employer automatically modifies the workers’ job duties so she can continue to work without harming herself or her pregnancy. Women in physical jobs may be transferred to desk jobs for the during of their pregnancies, for instance, or prohibited from lifting heavy loads.
-end of clip-


http://www.washingtonpost.com/blogs/local/wp/2014/12/05/whats-fair-treatment-for-pregnant-workers-the-u-s-isnt-sure-other-countries-are/?tid=sm_fb

[crim son]

20. When you consider that a pharmacist can refuse to give a customer

her prescribed birth control meds and still keep his/her job, this woman has a legitimate complaint. Nothing irks me more than society penalizing females for carrying, giving birth and raising members of that society. It's insane.