Young v. UPS Decision Toolkit - National Partnership for Women

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TO:
YOUNG Allies
FROM: National Women’s Law Center
National Partnership for Women & Families
American Civil Liberties Union, Women’s Rights Project
A Better Balance
RE:
Young v. UPS: Talking Points and Social Media Resources
Today the Supreme Court decided Young v. UPS, a pregnancy discrimination case that will have a major impact on the
health and economic security of women and families across the country.
This toolkit provides talking points and social media resources for the Young v. UPS decision.
Case Synopsis of Young v. UPS: Peggy Young is a former UPS worker who was forced to take unpaid leave because of
her pregnancy. When Ms. Young told UPS she was pregnant, UPS required her to get a doctor’s note “listing her
restrictions.” Her doctor’s note indicated that she should not lift more than 20 pounds; Ms. Young was willing to
continue her regular duties because she rarely had to lift anything that heavy, but the senior manager at Ms. Young’s
workplace told her that she was “too much of a liability” and she would have to go home until she was “no longer
pregnant.” Meanwhile, UPS regularly provided so-called “light duty” and similar accommodations to people with
disabilities, people with on-the-job injuries, and even people who had lost their commercial drivers’ licenses as a result
of DUI convictions—but UPS refused to provide light duty to Peggy Young when she sought it. The Supreme Court was
asked to decide whether UPS violated the Pregnancy Discrimination Act by forcing Mrs. Young to take unpaid leave
rather than offering her the same work accommodations made available to these employees. Ms. Young filed her case in
2007, and her daughter, Triniti, is now 7 years old.
Talking points
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Today’s Supreme Court decision is an important victory for Peggy Young and pregnant workers. This decision
tells employers that if you are accommodating most nonpregnant workers with injuries or disabilities, while
refusing to accommodate most pregnant workers who need it, you are likely violating the Pregnancy
Discrimination Act by placing a significant burden on pregnant workers.
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Importantly, the Court also acknowledged that the law has changed in ways helpful to pregnant workers since
Peggy Young brought her case. Today, many pregnant workers who need accommodations have rights under
the expanded Americans with Disabilities Act. In addition, employers will often be accommodating most
nonpregnant workers with injuries or disabilities pursuant to the expanded Americans with Disabilities Act:
today’s decision says that means they should be accommodating pregnant workers too.

But individual pregnant workers may still face uncertainty about their rights in the specific contexts of their own
workplaces. For example, it is often difficult for women in smaller workplaces, those who are new to the job, or
those with little bargaining power to know what percentage of their coworkers are being accommodated or
what their employers’ specific accommodation policies are. These pregnant women could still face significant
challenges under today's decision and they desperately need the Pregnant Workers Fairness Act for immediate
relief.

Congress must act now to streamline the process and pass the Pregnant Workers Fairness Act to reinforce
today’s decision and provide an unmistakable rule, to ensure no woman is ever forced to choose between her
job and the health of her pregnancy.

The Pregnant Workers Fairness Act would ensure that all workers with medical needs arising out of pregnancy
have a right to accommodations—just as workers with disabilities do.

States and cities across the country have acted on a bipartisan basis to enact such protections. Congress should
follow suit.

Women are the primary breadwinners in 41 percent of families with children. No woman should have to worry
that she could be forced off the job if she gets pregnant, and lose her paycheck and health care at the very
moment her family needs them most.
Young v. UPS Decision Sample Tweets
#Justice4PregnantWorkers
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Today’s #SCOTUS decision in #YoungvUPS is a win for Peggy Young and pregnant
workers. #Justice4PregnantWorkers

#SCOTUS revives Peggy Young’s claim that UPS can’t deny pregnant workers accommodations it made for
others #Justice4PregnantWorkers

#SCOTUS: denying preg wrkrs accommodations available to many other employees can violate the Pregnancy
Discrimination Act #Justice4PregnantWorkers

Under today’s #YoungvUPS decision, individual pregnant workers may still face real uncertainty as to their rights
#Justice4PregnantWorkers

No one should have to choose between her job & the health of her pregnancy. We
need #Justice4PregnantWorkers.[INSERT “NO ONE” GRAPHIC]

It’s up to Congress to pass the Pregnant Workers Fairness Act to protect all who need it.
#Justice4PregnantWorkers.

Women are primary breadwinners in 41% of fams w/kids—when pregnant workers are forced out of work,
families suffer. #Justice4PregnantWorkers

When pregnant workers are pushed out of their jobs, they lose paychecks & health care when they need it most.
#Justice4PregnantWorkers

Being pregnant shouldn’t mean having to worry about being forced out of your job. End pregnancy
discrimination. #Justice4PregnantWorkers.

States & cities around the country have passed protections for pregnant workers. Congress must do the same
w/#PWFA. #Justice4PregnantWorkers

Tell Congress: Pass #PWFA to ensure that all pregnant workers w/medical needs have a right to
accommodations #Justice4PregnantWorkers.
Graphics
General #Justice4PregnantWorkers Tweets
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No one should have to choose between her job and the health of her pregnancy: #Justice4PregnantWorkers
The economy benefits when pregnant women can keep working & supporting their families.
#Justice4PregnantWorkers
Bosses shouldn’t be able to deny pregnant workers reasonable workplace accommodations.
#Justice4PregnantWorkers
Pregnancy discrimination is a reproductive justice issue. It’s time for #Justice4PregnantWorkers.
By denying Peggy Young reasonable accommodations, UPS forced her to choose between her pregnancy & her
job. #Justice4PregnantWorkers
Pregnant workers who need reasonable accommodations should be able to continue to work safely.
#Justice4PregnantWorkers
Women are primary breadwinners in 41% of fams w/kids—when pregnant workers are forced out of work,
families suffer. #Justice4PregnantWorkers
When pregnant workers are pushed out of their jobs, they lose paychecks & health care when they need it most.
#Justice4PregnantWorkers
Being pregnant shouldn’t mean having to worry about being forced out of your job. End pregnancy
discrimination. #Justice4PregnantWorkers.
Don’t be a chump! Respect the bump! RT if you support #Justice4PregnantWorkers
The health and economic security of pregnant workers and their families is at stake in #YoungvUPS.
#Justice4PregnantWorkers
#DYK: Three-quarters of women entering the workforce will be pregnant & working at some point. We need
#Justice4PregnantWorkers
Pregnant women like Peggy Young continue to experience workplace discrimination. It must end!
#Justice4PregnantWorkers
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