Women and Justice: Keywords

Domestic Case Law

Young v. United Parcel Service Inc. Supreme Court of the United States (2015)

Employment discrimination

Plaintiff brought a claim of pregnancy discrimination alleging that her employer violated the Pregnancy Discrimination Act by refusing to accommodate her pregnancy related lifting restriction. The Supreme Court held that a petitioner may state a prima facie case of pregnancy discrimination according to the McDonnell Douglas Corp. v. Green burden-shifting framework by showing: (1) she belongs to a protected class; (2) she sought an accommodation; (3) the employer refused to accommodate her; and (4) the employer has accommodated others "similar in their ability or inability to work." If a petitioner makes out a prima facie case of discrimination, the employer may rebut with legitimate, nondiscriminatory reasons for refusing to accommodate the employee. The employee must then establish that the employer's justification is pre-textual. The Supreme Court determined that there was a question as to whether the UPS provided more favorable treatment to other employees under similar circumstances and remanded the case for judgment.

Yousuf v. Fairview Health Services Court of Appeals for the Eighth Circuit (2015)

Gender discrimination

Plaintiff Khadara-Ayan Yousuf, a U.S. citizen and a Muslim woman of Somali national origin, sued her former employer, Fairview Health Services for discrimination based on race, sex, pregnancy, religion, and national origin in violation of Title VII, 42 U.S.C., and 42 U.S.C. § 1981. Fairview Health Services, her former employer, alleged that they terminated her employment when she allegedly did not return from a leave of absence. Plaintiff claimed discrimination as violations of Title VII and 42 U.S.C. §1982. She appealed the district court’s grant of summary judgment in favor of the defendant. The Court of Appeals partially vacated the judgment with respect to the sex and pregnancy discrimination citing that Title VII has been amended via the Pregnancy Discrimination Act to prohibit employers from discriminating against a woman for her capacity to become pregnant, not merely because she is pregnant.