In Young v. United Parcel Services, No. 12-1226, the U.S. Supreme Court will decide the appropriate standard to apply in determining whether an employer has violated the Pregnancy Discrimination Act. More specifically, the court will determine under what circumstances pregnant employees are entitled to work accommodations that are provided to their non-pregnant coworkers.
Congress enacted the Pregnancy Discrimination Act (PDA) in 1978 to overturn the Supreme Court’s decision in General Electric v. Gilbert, 429 U.S. 125 (1976). Gilbert held that discrimination on the basis of pregnancy was not sex discrimination under Title VII of the Civil Rights Act of 1964 because the class of non-pregnant persons includes members of both sexes. The PDA expressly broadened Title VII’s definition of sex discrimination:
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