A year ago, the U.S. Supreme Court decided a Pregnancy Discrimination Act case in favor of the plaintiff, Peggy Young, who worked as a part-time driver for United Parcel Service (UPS). Her responsibili­ties included pickup and delivery of packages that had arrived by air carrier the previous night. In 2006, after suffering several miscarriages, she became pregnant. Her doctor told her that she should not lift more than 20 pounds during the first 20 weeks of her pregnancy or more than 10 pounds thereafter. UPS required driv­ers like Young to be able to lift parcels weighing up to 70 pounds (and up to 150 pounds with assistance). UPS told Young she could not work while under a lifting restriction. Young stayed home with­out pay during most of the time she was pregnant and eventually lost her employee medical coverage.

Young filed a federal lawsuit alleging UPS’s discriminatory treatment, in refusing to accommodate her pregnancy-related lifting restriction. Young said that her co-workers were willing to help her with heavy packages. She also said that UPS accommodated other drivers who were “similar in their . . . inability to work.” She accordingly concluded that UPS must accommodate her as well.

The U.S. Supreme Court agreed with her, reversed two lower court decisions against her, and remanded the case for a jury trial on discrimination and damages.

As the 2016 Presidential race heats up, one topic that may heat up for this year’s campaign is paid family leave. In 1993, President Bill Clinton introduced the Family and Medical Leave Act that guarantees parents a period of unpaid leave following the birth or adoption of a baby, and protects the parents’ jobs and health insurance. Fast-forward 23 years and progress is anemic; the United States is the only developed nation that still does not guarantee new parents paid leave.

For New Jersey residents, the news is somewhat better. Since 2002, the Garden State has made paid family leave available through disability benefits. New Jersey considers pregnancy to be a temporary disability, and allows mothers to begin family leave prior to birth as well. While still not guaranteed on a federal level, paid family leave is gaining recognition as a workplace benefit.  Many people consider it is essential to the health of the family, and therefore to the workplace.

Since July 1, 2009, New Jersey has provided up to six (6) weeks of Family Leave Insurance benefits to covered individuals to:

• Bond with a child during the first 12 months after the child’s birth, if the covered individual or the domestic partner or civil union partner of the covered individual is a biological parent of the child, or the first 12 months after the placement of the child for adoption with the covered individual.
• Care for a family member with a serious health condition supported by a certification provided by a health care provider. Claims may be filed for six consecutive weeks, for intermittent weeks or for 42 intermittent days during a 12-month period beginning with the first date of the claim.
• Family member means a child, spouse, domestic partner, or parent of a covered individual. Child means a biological, adopted, or foster child, stepchild or legal ward of a covered individual, child of a domestic partner of the covered individual and who is less than 19 years of age or is 19 years of age or older but incapable of self-care because of mental or physical impairment.
• The weekly benefit rate is calculated at two-thirds (2/3) of the claimant’s average weekly wage up to the maximum amount payable. The average weekly wage is generally based on the earnings in the eight calendar weeks immediately prior the week in which the leave begins. The total wages earned during all base weeks in the eight-week period are divided by the number of base weeks to obtain the average weekly wage.

That could seem pretty progressive if there weren’t 20 or more foreign countries that offer better paid leave benefits, yet it’s an important step in the right direction.

On the federal level, the Pregnancy Discrimination Act prohibits workplace discrimination in any aspect of employment, including hiring, firing, promotions, training, and health insurance. This law extends to medical conditions that may arise during or following pregnancy. While the law both guarantees that a pregnant woman can’t be fired and entitles her to unpaid leave, many Americans are not in a financial position to take unpaid leave following the birth of their child.

Hanan M. Isaacs, P.C. is a Kingston, New Jersey, employment law firm for workers.  We will help you with your workplace discrimination claims. If you feel you have been unjustly fired or are not receiving the employee benefits to which you are entitled, call us at 609-683-7400.  We will schedule you for a reduced fee initial consultation with one of our experienced employment attorneys. We accept all major credit cards (except for Amex) and offer flexible appointment times (except on weekends).  Call us now.  You will be glad you did.