Perks or Courtesy? Should the workplace accommodate pregnant women?
There was a time when women would get pregnant and it was the norm and even expected that they would leave work and dedicate themselves fulltime to domestic duties, so employers would simply just replace them. Fast Forward to today where many women are single parents, primary breadwinners in two-parent families, or just simply do not want to retire because of impending motherhood, and many employers will be faced with the task of assuring equal, fair, and accommodating work environments for their expectant employees, but should they have to?
A recent case taken to the Supreme Court involved a former UPS employee named Peggy Young who sued the company citing unfair treatment and discrimination. In the case, we learned that Peggy Young became a driver for UPS in 2002 where she delivered overnight packages from an airport shuttle to nearby homes and shops. Four years into the position, Peggy Young became pregnant through the help of IVF and was instructed by her doctor that she wasn't to lift anything over 20 pounds although her current position required her to be able to lift items up to 70 pounds. Peggy Young's request for reassignment to a desk job was denied by UPS. UPS responded that they could not create a light duty position just to accommodate her and offered to put her on a medical leave. However, the medical leave was unpaid and did not include health benefits, but she would be guaranteed her job upon return. Peggy Young decided it was in her best interest to leave for the time being but did come back after she had her child. She later took the matter to court and the question was raised- who was in the wrong?
Well according to the Supreme Court's decision earlier this year, UPS was wrong. At the time, UPS was found to have had a policy of accommodating many other workers but didn't do so for Peggy Young. Although, this was a victory for Young and emphasizes the importance of the Pregnancy Discrimination Act, accommodations in the workplace continue to be a tricky and controversial topic when it applies to pregnant women.
Perhaps implementing the federal Pregnant Workers Fairness Act, a clear and legal framework or guide for employers to ensure that pregnant women are accommodated fairly just as persons with disabilities are, is needed. In this way, employers would understand not just what they believe are moral obligations but highlight their legal obligations and pregnant women would feel empowered to know their rights as expecting employees as well.
In 2015, where marriage seems to be on the decline and many women want to start families but don't have the luxury or (let's be honest) the desire to leave work, there should be more legal frameworks in place to assure that expecting mothers can also expect to keep their jobs as well.
References
Baskt, D. (2015, March 26). Peggy young's victory is not enough. U.S NEWS. Retrieved from http://www.usnews.com/opinion/economic-intelligence/2015/03/26/peggy-young-supreme-court-victory-is-not-enough-for-pregnant-workers
Covert, B. (2013, May 14). House and senate to re-introduce bill to protect pregnant workers. Retrieved from http://thinkprogress.org/economy/2013/05/14/2010541/pregnant-workers-fairness-act-2/
Walsh, M. (2014, December 05). No, employers shouldn’t be forced to accommodate pregnant employees. Retrieved from http://www.theblaze.com/contributions/no-employers-shouldnt-be-forced-to-accommodate-pregnant-employees/