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UPS driver wins her workplace discrimination claim after 9 years

Women in Texas and elsewhere should never have to choose between having a baby and their jobs. An out-of-state driver for UPS finally feels she is receiving justice for her workplace discrimination claim. She has been fighting her case for nine years and took it all the way to the Supreme Court.

The plaintiff worked as a UPS driver and discovered that she was pregnant in 2006. After seeing her doctor, she was given a note that would require her to have accommodations. She could no longer lift packages that were 20 pounds or more. The plaintiff did not think that this would be an issue as the majority of her work dealt with handling overnight letters. UPS stated that drivers are required to lift up to 70 pounds and placed her on an unpaid leave, which meant that she could not collect unemployment or keep her insurance.

The plaintiff stated that she should not have to choose between her child and keeping her job. She had wanted to just keep working, but was not offered modified job duties. She claims that other workers were given light-duty work, including people who could no longer drive because they had been under the influence. After the woman had her baby, she did return to UPS, but quit in 2009.

Both parties came to an agreement on the plaintiff's workplace discrimination claim, but the terms were not disclosed. UPS made a statement that it changed its company policy to allow restricted duty for pregnant women and those with medical conditions. The plaintiff feels that her case really did make a difference because the EEOC increased protection for pregnant women and the state in which she worked enacted a Reasonable Accommodations for Disabilities Due to Pregnancy Law. Women in Texas who are not offered reasonable accommodations or are otherwise discriminated against have a viable claim and may consider taking their complaints to court.

Source: nbcwashington.com, "UPS Settles With Maryland Woman in Pregnancy Discrimination Case", Oct. 1, 2015

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