NFIB Small Business Legal Center Files Brief Asking Supreme Court to Maintain Original Intent of Pregnancy Discrimination Act

Date: November 03, 2014

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NFIB Small Business Legal Center Files Brief Asking Supreme Court to Maintain Original Intent of Pregnancy Discrimination Act

www.NFIB.com
For Immediate Release
Contact:  Eric Reller
202-314-2073 or [email protected]

 

NFIB Small
Business Legal Center Files Brief Asking Supreme Court to Maintain Original
Intent of Pregnancy Discrimination Act

 

 

WASHINGTON, D.C., November 3,
2014
Karen
Harned, Executive Director of NFIB’s Small Business Legal Center
, made the
following statement in response to NFIB’s amicus brief filing in Peggy Young v. United Parcel Service.

“This case is not about unlawful pregnancy discrimination.
This case centers on whether decades of workplace law should be reinterpreted
to impose an affirmative obligation on employers to provide workplace
accommodations to pregnant employees. Small businesses have a very small workforce – and while no employer
can or should be able to discriminate due to an employee’s pregnancy – changing
decades of precedent to impose substantial new burdens of accommodation would
significantly impact the ability of these businesses to function.”

In this case, the
employer denied a request for a work reassignment based on a collectively
bargained agreement. NFIB argues that although the Pregnancy Discrimination Act
(PDA) requires employers to treat women “affected by pregnancy, childbirth, or
related medical conditions” the same in all aspects of employment as other
employees, it stops short of imposing an affirmative duty on employers to
provide pregnancy-related workplace accommodations to the extent that they are
not offered categorically to all other employees. 

 

###

The
NFIB Small Business
Legal Center
 is a 501(c)(3)
organization created to protect the rights of America’s small business owners
by providing advisory material on legal issues and by ensuring that the voice
of small business is heard in the nation’s courts. The National Federation of
Independent Business is the nation’s leading small business association, with
offices in Washington, D.C. and all 50 state capitals

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