Today, Congressman Jerrold Nadler (NY-10) attended the Supreme Court oral arguments in the case of Young v. UPS regarding pregnancy discrimination in the workplace. He released the following statement:

“Today, as I attended the oral arguments at the Supreme Court on the Pregnancy Discrimination Act, I was encouraged by the compelling arguments made by Peggy Young’s attorney and hopeful the court would rule in her favor.

“Thirty-five years ago, Congress passed the Pregnancy Discrimination Act in an effort to end discrimination against pregnant women in the workforce. Yet as Peggy Young’s case demonstrates, pregnancy discrimination continues to threaten the livelihood of women at the time when they need their paycheck and their health insurance the most. The stories are becoming all too familiar. 

“No woman should be put in the position of choosing between her health and her job. No woman should be forced to use critical FMLA leave, which is too often unpaid, because she needs to sit down occasionally while on the job. And no woman should lose her paycheck and her benefits weeks away from having another mouth to feed.

“That is why Congress passed the Pregnancy Discrimination Act more than 35 years ago. That is why the law clearly says pregnant women must have the same accommodations as those workers with a similar inability to work. That is why I led more than 100 of my congressional colleagues on an Amicus Brief in this case. And that is why I stand with Peggy Young and all working pregnant women today.

“And in a grand irony, UPS now appears to recognize these facts. Just over a month ago, the company announced a new policy for pregnant women with lifting and other restrictions. They will now be allowed to shift to light-duty work in the same way individuals with an on-the-job injury do today. But it’s still too late for Peggy Young and countless women like her who should not have to fight all the way to the Supreme Court to keep their jobs when a simple accommodation is available and readily offered to other, non-pregnant employees. 

“And while I believe the court should find, and will find, for Peggy Young in this case, it is imperative that we continue to work together to pass the Pregnant Workers Fairness Act (PWFA) and settle this issue once and for all. I introduced the PWFA to require employers to make reasonable accommodations to employees who have limitations stemming from pregnancy, childbirth, or related medical conditions, unless the accommodation would impose an undue hardship on the employer. These on-the-job accommodations are low-cost and not disruptive.

“Rather than forcing pregnant women to identify a worker with a similar limitation or find someone with an existing on-the-job accommodation, the PWFA guarantees that every woman, regardless of where she works or what other accommodations have been provided to her colleagues in the past, receives simple, low-cost accommodations.

“I stand with Peggy today, and I vow to continue this fight until no one has to choose between a healthy pregnancy and a paycheck.”

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