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In 2015, the Supreme Court issued a decision in Young v. United Parcel Service. In the case, a United Parcel Service (UPS) worker named Peggy Young challenged her employers refusal to grant her a light-duty work assignment while she was pregnant, claiming that UPSs actions violated the Pregnancy Discrimination Act (PDA). In a highly anticipated ruling, the Justices fashioned a new test for determining when an employers refusal to provide accommodations for a pregnant worker constitutes a violation of the PDA, and the Court sent the case back to the lower court for reconsideration in light of these new standards. This book begins with a discussion of the facts in the Young case, followed by an overview of the PDA. The book then provides an analysis of the Young case, its implications, and a potential legislative response. Furthermore, the book focuses on sex discrimination challenges based on: the equal protection guarantees of the Fourteenth and Fifth Amendments; the prohibition against employment discrimination contained in Title VII of the Civil Rights Act of 1964; and the prohibition against sex discrimination in education contained in Title IX of the Education Amendments of 1972.
This book explores how the federal courts have addressed the two primary federal statutory protections found in the Pregnancy Discrimination Act and the Americans with Disabilities Act and how law mediates conflict between workplace expectations and the realities of pregnancy. While pregnancy discrimination has been litigated under both, these laws establish different forms of equality. Formal equality requires equal treatment of pregnant women in the workplace, and substantive equality requires the worker's needs to be accommodated by the employer. Drawing from a unique database of 1,112 cases, Deardorff and Dahl discuss how courts have addressed pregnancy through these two different approaches to equality. The authors explore the implications for gender equality and the evolution of how pregnancy and pregnancy-related conditions in employment can be addressed by employers.
Since the publication of the first edition of Supreme Court Decisions and Women’s Rights in 2000, there have been significant developments both in the make up of the Court and the rulings it has issued. The past decade saw the departure of highly revered Justice Sandra Day O’Connor and the historic appointment of the first Latina woman, Justice Sonia Sotomayor. Over that same time period, there have been several important decisions affecting gender law, including: Gonzales v. Carhart (2007), which upheld the federal ban on partial-birth abortion signed by President Bush in 2003. Ledbetter v. Goodyear Rubber & Tire Co. (2007) found that too much time had lapsed for former-Goodyear employee Lilly Ledbetter to seek back wages for the years she received discriminatory lower pay. AT&T Corp. v. Hulteen (2009) held that companies that discriminated against pregnant women employees prior to passage of the Pregnancy Discrimination Act of 1978, could carry that discrimination over into calculating pension pay. Featuring more than 100 cases and updated biographies, Supreme Court Decisions and Women’s Rights provides a complete study of all the important issues and movements involving the Supreme Court and the role it plays in shaping women’s rights.
Probes the complex issues that underlie policies regarding women's reproduction and the workplace
For over twenty years, the federal courts of appeals have been divided over the extent to which the Pregnancy Discrimination Act requires employers to offer light-duty or other work accommodations to pregnant employees. The division between circuits centers on the interpretation of the language in the second clause of the Pregnancy Discrimination Act mandating that employers “shall” treat pregnant employees “the same... as other persons... similar in their ability or inability to work.” Four circuits interpreted this clause to merely explain the first clause, thereby refusing to enforce any significant obligation on employers to accommodate pregnancy-related physical limitations, even when they offer accommodations to nonpregnant employees. In contrast, three circuits interpreted this clause to have independent meaning and to provide pregnant women with a right to comparative accommodation if their employer provides accommodations for nonpregnant employees with similar physical limitations. In March of 2015, the Supreme Court rejected both of these interpretations and instead attempted to fashion a compromise based on the creation of a novel framework that it confined to claims brought under the Pregnancy Discrimination Act. While the Court's decision may allow greater access to light-duty positions for some pregnant employees, its new framework creates significant uncertainty by imposing ambiguous and burdensome requirements on pregnant employees seeking accommodation under the statute. This Article concludes that the limitations of the Court's decision may outweigh its benefits to pregnant employees. Given the inherent complexity of the Court's new approach, congressional reform is needed to provide pregnant employees with a clear entitlement to accommodation of pregnancy-related medical conditions.
Choice Outstanding Academic Title for 2008 The U.S. Supreme Court has decided that states may require parental involvement in the abortion decisions of pregnant minors as long as minors have the opportunity to petition for a &#“bypass” of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions. Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audacious acts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings. Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the naïve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.