Law360 Features Comments From Carrie Hoffman on UPS Pregnancy Discrimination Ruling

25 March 2015 News

Law360 covered the recent U.S. Supreme Court ruling that vacated a 4th Circuit decision on a pregnancy bias case against UPS. The publication spoke with attorneys from around the United States to find out why the decision in Young v. United Parcel Service Inc. is significant, featuring comments from Gardere Labor and Employment Partner Carrie B. Hoffman.

"While the Supreme Court vacated the summary judgment granted in favor of UPS, the decision is not a complete victory for plaintiffs. Instead, the court declined to grant 'most favored nation' type status to pregnant workers. And, additionally, the court expressed serious concern that the EEOC's most recent guidance on pregnancy discrimination was promulgated after the court had granted certiorari and took a position about which the EEOC had previously been silent. Moreover, the EEOC's guidance contradicted the government's prior positions in other matters. The court chose therefore to apply the McDonnell-Douglas framework to the analysis and therefore vacated summary judgment and remanded to the 4th Circuit to determine in light of its holding that the policies of UPS should be considered in the analysis."

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