Title VII of the Civil Rights Act of 1964 bars workplace discrimination on the basis of pregnancy, childbirth, or related medical conditions, and mandates that employers treat women affected by any one of these conditions the same as other employees in all aspects of employment. In a landmark case decided last year, the U.S. Supreme Court concluded in Young v. UPS that a facially nondiscriminatory policy that would not otherwise apply to a worker because of pregnancy can nevertheless violate Title VII if it “significantly burdens” pregnant employees.
In the first case applying Young to be decided by a federal appeals court, the Second Circuit recently found that a light duty policy that was limited to employees who suffered on-the-job injuries (including pregnant workers if they were injured) could violate Title VII.
In Legg v. Ulster County, No. 14-3636 (2d Cir. April 26, 2016), the Second Circuit held that a reasonable jury could find that the employer’s categorical denial of light duty accommodations to pregnant women placed a significant burden on pregnant employees.
If the Second Circuit’s ruling in the Legg case is any indicator of how other courts may rule, employers that limit the availability of modified work arrangements to certain categories of employees (such as those in need of disability-related reasonable accommodations) are at greater risk of potential claims by pregnant workers disadvantaged by such policies.
A copy of the Second Circuit’s decision in Legg is available online here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.