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Mar 26, 2015

Law 360 Article Includes Eisenberg Comments on High Court's Pregnancy Bias Ruling

David Eisenberg’s commentary on the significance of the U.S. Supreme Court’s March 25, 2015 ruling in Young v. United Parcel Services Inc. was included in a Law 360 article entitled Attorneys React to High Court Pregnancy Bias Ruling. In its ruling, the High Court vacated a Fourth Circuit decision that nixed a pregnancy bias case against UPS, indicating that both UPS and plaintiff’s interpretations of the Act were not persuasive.  Eisenberg’s reaction to the ruling, included in the article, was:

“Remarkably, the Court held that all parties – UPS, Plaintiff, and the EEOC - had overreached in their proffered interpretations of the PDA. But the Court did find triable issues of fact as to whether UPS provided more favorable treatment to non-pregnant employees who requested lifting restrictions, and unlike Plaintiff were granted accommodations.  Of special interest is the Court’s holding that the EEOC’s 2014 guidance on this subject was unpersuasive, because it was promulgated after certiorari was granted here; took a position on which previous EEOC guidelines were silent; contradicted past positions long advocated by the Government; and lacked an explanation of the EEOC’s new reasoning.”

Additional attorney comments on the ruling are available online to Law360 suBaker Sterchiibers.