Main points
The case between an employee and his employer regarding
unpaid leave during her pregnancy threw a new light on the topic. The defendant
UPS ltd. said, it has not discriminated with woman and did not provide her
accommodation as the pregnancy did not allow her to lift even the light weight
packages. Plaintiff said as she was not provided accommodation and a paid leave
so she was discriminated against other limited persons, like disabled, injured
on the job etc. The court rejected both the arguments and shifted the onus on
the employer, to prove not guilty of discrimination.
Laws violated
Pregnancy Discrimination act was being violated according
to the plaintiff. This act provides paid leave to the pregnant workers. Also
the issue of Supreme Court ruling was raised, in which court said that
pregnancy discrimination did not qualify as sex discrimination as all the women
are not pregnant.
Author`s position
The author is basically not in the favour of UPS Company
as it has given the statement of a jurist in which he says that this is not
discrimination, rather she is being kept on equality with other employees.
The author himself says that it will be a guidance case
for such type of cases in future.
My position
Court is right at its position as it has given verbal
access to both sides and ruled in favour of a woman discriminated against due
to her pregnancy. It will be guidance for other such type of cases as the
writer mentioned and will be helpful in building just and equitable society.
Source- online newsapaper
site – www.usnews.com
Such type of cases take the debate to the next level
specially in today`s arena when women are becoming assertive for their rights
and demanding equal pay for equal work. in such a scenario this case can be a
milestone not only for equal pay but also equal rights.
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