UPS in the Supreme Court

MrsPope1770 · December 2014

What do you guys think about this case?
https://m.wsj.com/articles/supreme-court-hears-arguments-in-workplace-pregnancy-rights-case-1417635320?mobile=y

ngolimento · December 2014

I think it's about damn time the Supreme Court cracks down on maternity asshattery like this. It's bullshit to fire someone who is willing to work, but temporarily needs a break from heavy lifting.

ST3WD · December 2014

"Mr. Verrilli told the court employers shouldn’t be allowed to “treat pregnancy-related medical conditions worse than other conditions with comparable effects on ability to work.”

I've never understood the difference between an at-work condition vs. an off-work condition, so maybe that has an impact on why I think this is so stupid/straightforward.

Verrilli sums it up nicely in the last line. If another coworker had a slipped disc with a recommendation to not lift anything over X pounds, would UPS find lighter duty work? If she lives in an area where there isn't any lighter work available, then they wouldn't be able to accommodate anyone with any injury. If that's the case fine, but surely there's some sorting or a storefront she can clock in at during her pregnancy? I'm not an employee of UPS and therefore am assuming these things. We all know what happens when you assume.

MrsPope1770 · December 2014

I don't know how I feel yet. I don't think I agree with pregnancy being ranked the same as a disability, but I absolutely think that the employer should make concessions if and when a doctor says so. However, from a business standpoint I don't know if I think it's fair to the employer---simply because a ruling in favor of the plaintiff could potentially have people taking advantage of it. I need more information!! Like what you were saying, @etoille, what would the impact REALLY be of this? I just don't know. I know that I ended up having to quit my job (else I would probably have been eventually let go) because of my inability to perform my job duties (I worked in mental health and part of my job was to restrain clients of necessary)--which is part of the law in GA. I guess I agree with @Peledreamsofrain‌ in that regard...I hate that I had to leave my job due to unsafe performance expectations. Two days after I resigned was when I had my first big bleed from my SCH/it was discovered, but if I had still been there the bed rest wouldn't even have been enough for me to keep my job, and I couldn't have gotten FMLA because I had only been there three months. It was a lot of crap and made me angry, but I had no idea that it was something I could question? I'm very interested to learn more about this case and what the result would entail.

ngolimento · December 2014

ST3WD said:
"Mr. Verrilli told the court employers shouldn’t be allowed to “treat pregnancy-related medical conditions worse than other conditions with comparable effects on ability to work.”

I've never understood the difference between an at-work condition vs. an off-work condition, so maybe that has an impact on why I think this is so stupid/straightforward.
Verrilli sums it up nicely in the last line. If another coworker had a slipped disc with a recommendation to not lift anything over X pounds, would UPS find lighter duty work? If she lives in an area where there isn't any lighter work available, then they wouldn't be able to accommodate anyone with any injury. If that's the case fine, but surely there's some sorting or a storefront she can clock in at during her pregnancy? I'm not an employee of UPS and therefore am assuming these things. We all know what happens when you assume.

Actually, if I were the lawyer, I'd be tempted to point out that conception very likely DID occur at work, considering it can happen up to five days after insemination.

jhefley · December 2014

I am on the side hoping that laws tighten up. I am a skilled professional in my field and my boss told me verbally that come March I would not be as dedicated as someone else who would take a lower salary and be less skilled. Less than 2 months later my employment was terminated without any review saying my work was bad or my job was in jeopardy. The reason I was given was that he really wanted someone in office (I was remote and was hired that way a year ago).
I am working now with the EEOC to see if I have a case, but I really wish women were seen equally. I was 21 weeks pregnant when this all happened. I am 28 weeks now, still with no job and I know someone will not hire in my field someone during the holidays and also a month and a half to two months later need to take off a good portion of time.
How is it fair that an employer can ruin someone's career when all they did was decide to have a baby?

bdazzld · December 2014

It's a weird case. The union has policies in place to keep drivers with DUI's and revoked licenses working (they get drivers) but not light duty requests...

amismom · December 2014

I believe she has a case. They have proved that UPS has made light duty accommodations for those who have had off job short term disabilities, like sports injuries and such. I'm hoping they can clarify this better and make an appropriate ruling. We won't know till July I believe.

Eta words

drudolph11 · December 2014

jhefley said:

I am on the side hoping that laws tighten up. I am a skilled professional in my field and my boss told me verbally that come March I would not be as dedicated as someone else who would take a lower salary and be less skilled. Less than 2 months later my employment was terminated without any review saying my work was bad or my job was in jeopardy. The reason I was given was that he really wanted someone in office (I was remote and was hired that way a year ago). I am working now with the EEOC to see if I have a case, but I really wish women were seen equally. I was 21 weeks pregnant when this all happened. I am 28 weeks now, still with no job and I know someone will not hire in my field someone during the holidays and also a month and a half to two months later need to take off a good portion of time. How is it fair that an employer can ruin someone's career when all they did was decide to have a baby?

oh my goodness this is terrible. I am so sorry this happened to you. You will have to keep us updated as to the outcome. That is really sad that they can hide behind their reasoning of "needing someone in the office" when that is obvious BS. I have no experience or expertise on the matter just wanted to say that I hope things work out with you and that I am so sorry you are going through this.

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