Civil rights groups urge USPS to change policies for pregnant workers

Civil rights groups are urging the United States Postal Service to update its policy on accommodating pregnant employees.

In a letter to Postmaster General and CEO Megan Brennan, the Leadership Conference on Civil and Human Rights and the National Partnership for Women & Families called the current requirements “outdated, unfair and potentially illegal.”

The letter is in response to the Supreme Court’s March decision to give former United Parcel Service of America Inc. (UPS) worker Peggy Young another chance to prove her employer discriminated against her under the Pregnancy Discrimination Act, sending the case back to the lower court in a 6-3 ruling. The case has the potential to determine the type of pregnancy accommodations employers have to provide workers.

Because Young’s doctors ordered her to lift no more than 20 pounds when she became pregnant, she argued that UPS acted unlawfully when it refused to accommodate those pregnancy-related restrictions.

But UPS, which requires drivers to lift up to 70 pounds, argued that it didn’t have to accommodate Young because her limitations were not a result of an on-the-job injury or disability covered by the American with Disabilities Act. 

“Failing to provide accommodations to pregnant workers that are afforded to other workers, such as those with on-the-job injuries, is not only unfair and bad for business, it is likely illegal,” the civil rights groups said in their letter to USPS.

In July, the Equal Employment Opportunity Commission issued guidance on the fair treatment of pregnant employees, which said an employer is obligated to treat a pregnant employee temporarily unable to perform the functions of her job the same as it treats other employees similarly unable to perform their jobs.

“We are encouraged that the Postal Service is re-evaluating its policies, but the USPS must do more,” the groups said. “This is not a close call or an act of charity—it is what the law requires.”

In a statement, USPS Spokeswoman Darlene Casey said its policy on accommodating employees with workplace limitations, including those related to pregnancy, fully complies with existing law.

“To the extent the Leadership Conference suggests otherwise, we respectfully disagree and welcome a conversation to discuss their concerns,” she said.

Casey went onto say that the Equal Employment Opportunity Commission is studying the Supreme Court’s decision in the case and USPS will consider any policy changes once the commission updates its guidance.