Introduction to Amici Curiae Brief in Young V. United Parcel Service, Inc.

47 Pages Posted: 21 May 2015

See all articles by Deborah L. Brake

Deborah L. Brake

University of Pittsburgh - School of Law

Joanna L. Grossman

Southern Methodist University - Dedman School of Law

Date Written: May 18, 2015

Abstract

On March 25, 2015, the U.S. Supreme Court issued its decision in Young v. United Parcel Service, Inc., the most important pregnancy discrimination case before the Court in nearly a quarter century. The Court ruled for Peggy Young in a decision that will chart the path of pregnancy discrimination litigation for years to come. Our brief, published here with a short introduction, lays out our theory for why an employer’s refusal to accommodate pregnancy with light-duty assignments on the same terms as other medical conditions similarly affecting work violates Title VII and the Pregnancy Discrimination Act. The brief was filed on Sept. 10, 2014, on behalf of women’s and civil rights organizations and twenty-nine law professors with expertise in pregnancy discrimination. It weaves together insights from recent legal scholarship on pregnancy and maternity to construct a coherent theory of pregnancy discrimination and its centrality to women’s inequality. We hope that the brief will help illuminate the scope of the victory in Young, contributing to a better understanding of the theory behind the PDA.

Keywords: Pregnancy Discrimination Act, Title VII, employment discrimination, pregnant women, accommodation, light-duty work

Suggested Citation

Brake, Deborah L. and Grossman, Joanna L., Introduction to Amici Curiae Brief in Young V. United Parcel Service, Inc. (May 18, 2015). Women's Rights Law Reporter, Vol. 36, p. 66, 2015, U. of Pittsburgh Legal Studies Research Paper No. 2015-18, Hofstra Univ. Legal Studies Research Paper No. 2015-06, Available at SSRN: https://ssrn.com/abstract=2607680

Deborah L. Brake (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States

Joanna L. Grossman

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

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