A Needed Accommodation

Not so fast, said UPS. The company noted that it does not accommodate employees injured off the job, the category most analogous to pregnant women, and that the point of the pregnancy discrimination law was to ensure that pregnant women are treated equally, not better, than fellow employees.

"Because UPS treated [Young] the same as it did other employees with similar lifting restrictions resulting from an off-the-job injury or condition, UPS did not discriminate against [Young] on account of her pregnancy," UPS told the justices. While requiring accommodation "might make for good policy, it is not required by the PDA."

Young lost her case in the lower courts, and federal appeals courts have sided with UPS' interpretation. Uncomfortably for the Justice Department, it has defended the U.S. Postal Service's similar policy against pregnancy discrimination claims. Although the post office continues to treat pregnant employees differently from those with on-the-job injuries, "That is no longer the position of the United States," the department told the court.

I would interpret the law in light of its purpose, to eradicate discrimination based on pregnancy. Notably, the case has forged an unusual alliance between women's groups and right-to-life groups, who worry about women facing economic pressure to terminate pregnancies.

Indeed, with growing numbers of women serving as major breadwinners, the imperative for fair treatment is even greater. Half of all U.S. workers are women; 75 percent will become pregnant during their working lives.

Women in white-collar jobs may not need to worry: When my complicated pregnancies required months of bed rest, I didn't miss a paycheck. Those in blue-collar jobs may need legal protection to secure fair treatment. The case law is replete with jaw-dropping examples -- for instance, a fitting-room monitor refused permission to carry a water bottle despite medical advice to stay hydrated.

If accommodating her, and accommodating Peggy Young, isn't the law, it ought to be.

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Ruth Marcus' email address is ruthmarcus@washpost.com.