‘Young' Decision Affects Pregnant Worker Accommodation

May Mon Post was quoted in BNA Occupational Safety & Health Reporter on November 12, 2015. The article “‘Young' Decision Affects Pregnant Worker Accommodation” discussed the importance of focusing on the interactive process when questioning laws surrounding accommodation for pregnant workers, following a recent wave of federal and state law developments in pregnancy discrimination and accommodation law.

May Mon examined the court's holding from a management perspective.

“I could argue that [Young] doesn't necessarily make it easier for pregnant women to show a prima facie case because it is done on a case by case basis and that, in this particular case with UPS, UPS accommodated pretty much everyone and their fairy godmother,” she said.

“I'm not surprised by the Supreme Court's decision,” May Mon said. “But the problem is that the Supreme Court did not spell out who the particular comparators are.”