What do employers need to know about the Supreme Court’s pregnancy accommodation decision in Young v. United Parcel Service?
So, now federal law requires employers to make reasonable accommodations for pregnancy?
Yes.
Always?
Not necessarily. There may be legitimate reasons for employers to accommodate some conditions (such as disabilities under the Americans with Disabilities Act, or work-related injuries) while treating pregnancy differently in particular cases.
Did the Supreme Court say anything about what might or might not be required from a pregnancy accommodation standpoint?
The Court said relatively little about specific accommodations. It made clear that mere inconvenience or expense is not a legitimate reason to refuse pregnancy-related accommodations. The majority also said courts can consider whether an employer made accommodations in other situations but not for pregnancy, and whether an employer had multiple general accommodation policies while offering nothing specific for pregnancy.
What was the breakdown on the decision?
The decision was not a simple ideological split. The majority opinion was written by Justice Breyer and joined by several other justices; other justices issued separate opinions agreeing with parts of the outcome. A few justices dissented.
Don’t a lot of states and cities already have laws requiring pregnancy accommodation?
Yes. Several states and some localities have laws that require pregnancy accommodation, which can provide protections beyond the federal baseline. For related legal materials and case summaries, see Employment and Workers' Compensation Case Summaries.
If your business is in a jurisdiction that already requires pregnancy accommodation, comply with the applicable state or local law; those rules may offer broader protection than federal law.
What should employers in states without specific pregnancy-accommodation laws do?
Employers governed only by federal law should proceed cautiously. A risky position is to treat pregnancy differently from ADA disabilities or work-related injury accommodations. If you prefer to reduce legal risk, assume pregnancy accommodations may be required when you make similar accommodations for other conditions.
Use the principles you’ve learned when handling ADA accommodations. Begin the interactive process only after an employee requests an accommodation or when the need is obvious, and seek the least disruptive effective accommodation. For practical guidance on applying employment and disability principles, see Legal Considerations in Employment and Disability Accommodations.
I run a day care and many employees are of childbearing age. What if several employees need accommodation at once?
Try to accommodate when possible. Options include providing a chair or stool, more frequent breaks, help with lifting, or shifting aides so two pregnant employees are not assigned to the same classroom. Use the same practical approach you apply to other accommodation requests.
Did the EEOC guidance on pregnancy accommodation change?
The EEOC previously issued guidance stating that employers who provide accommodations for other conditions generally must offer comparable accommodations for pregnancy-related conditions. The Supreme Court opinion criticized some procedural aspects of how the EEOC changed its position, but it did not plainly repudiate the EEOC’s substantive stance.
If you need individualized advice about how to apply these principles to your workplace practices, talk to an agent.
Frequently Asked Questions
Does the decision create a bright-line rule that pregnancy must always be accommodated?
No. The decision does not create a universal rule; outcomes depend on facts such as whether the employer provides similar accommodations to others.
Must I provide the same light-duty job to a pregnant employee if I provide it for injured employees?
Not necessarily, but if you regularly create or offer light-duty jobs for other groups, a court may require similar treatment for pregnant employees.
When should an employer start the interactive accommodation process?
Begin the interactive process when an employee requests an accommodation or when the need is obvious, following the same approach used for ADA accommodations.
Are local and state pregnancy accommodation laws more protective than federal law?
Yes; some state and local laws impose broader obligations than federal law, so follow any applicable state or local requirements.