Young v. UPS: How the Supreme Court may change the employment law landscape

November 11, 2014

Westlaw Journals Commentary thumbAre any of your employees pregnant, thinking of getting pregnant or have so much as the “potential” to get pregnant?

If so, say Philip R. Voluck and Irina V. Rabovetsky of Kaufman Dolowich & Voluck, you had better pay attention to a U.S. Supreme Court decision expected in early 2015: Young v. United Parcel Service Inc.

Otherwise, you risk some sleepless nights.

(Westlaw users: Click here for the full article; here for the UPS brief, and here for the Young brief.)

Many believe Young has already been neutered by the July 2014 pregnancy guidance published by the Equal Employment Opportunity Commission.  It’s an open question on whether the high court will look to the guidance in determining the legitimacy of UPS’ policy of granting light duty only to employees injured on the job — thereby excluding pregnant employees.

But Voluck and Rabovetsky say it’s clear that employers need to examine policies and practices now to ensure that they comport with current law.

Philip R. Voluck is a managing partner at Kaufman Dolowich & Voluck in Blue Bell, Pa., where he focuses on employment practices liability defense.  He can be reached at pvoluck@kdvlaw.com.  Irina V. Rabovetsky, an attorney at the firm, concentrates her practice on commercial litigation and employment law.  She can be reached at irabovetsky@kdvlaw.com.