On March 25, 2015, the U.S. Supreme Court in Young v. UPS held that a pregnant employee who seeks to show disparate treatment through indirect evidence may do so through the application of the well-established McDonnell Douglas burden-shifting framework. More specifically, the Court held that a pregnant worker can establish a prima facie case of discrimination by showing: (1) she belongs to a protected class; (2) she sought an accommodation; (3) the employer did not accommodate her; and (4) the employer accommodated others “similar in their ability or inability to work.” If these criteria are established, an employer has the burden of production to proffer a “legitimate, nondiscriminatory” reason for denying the accommodation. The Court noted, however, that this reason generally cannot consist simply of a claim that it is more expensive or less convenient to add pregnant women to the category of those whom the employer accommodates. Once the employer proffers a legitimate, nondiscriminatory reason, the employee has the burden of persuasion that the reason is pretextual.
Home > Federal Law Articles > Sex and Gender Discrimination > Pregnancy Discrimination > Supreme Court Overturns the Fourth Circuit’s Decision in Young v. UPS: Remands for Further Consideration