Felicity Fowler in Employee Benefit News: Employers Eye Supreme Court Pregnancy Accommodation Case


The Supreme Court is set to hear oral arguments Wednesday on a legal challenge that could affect the future framework of employer pregnancy benefits and associated work accommodations.

In Young v. United Parcel Service, Inc., the Supreme Court will answer whether, and in what circumstances, an employer must provide work accommodations to pregnant employees. According to the high court’s calendar, the question presented includes a look at whether the same accommodations should be offered to both pregnant, nonpregnant employees “who are similar in their ability or inability to work...”

Felicity Fowler, a partner in Haynes and Boone, LLP’s Labor and Employment Practice Group, says that 2009 amendments to the Americans with Disabilities Act have already expanded the reach of the disabled employee designation. 

“From a practical standpoint, there is a lot of talk about this accommodation and whether it should be read into the Pregnancy Discrimination Act, but I think the ADA – with its changes in 2009 – was a game changer and employers should be looking at the issue already,” she says. 

Excerpted from Employee Benefit News, December 3, 2014. To view full article, click here.

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