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| PREGNANT
EMPLOYEE NOT ENTITLED TO LIGHT-DUTY POSITION
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An employer did not violate the Pregnancy Discrimination Act ("PDA") by
denying an employee a light-duty position because of lifting limitations imposed during
pregnancy, according to the Fifth Circuit Court of Appeals in Urbano v. Continental
Airlines Inc., No. 96-21115 (4/15/98). The court determined that an employer may
distinguish between work-related and non-work-related injuries in its assignment of
positions. In this case, the pregnant employee was not entitled to a light-duty position
available only to employees who suffered on-the-job injuries.
Employee Challenges Light-Duty Policy
The airline’s policy reserved "light-duty" positions for employees who
had experienced occupational injuries. Because the employee’s back pain was not
work-related, the airlines denied her request for a light-duty position. As a result, the
employee had to use accumulated sick leave, a ninety-day family leave, and unpaid medical
leave. The employee filed suit in federal district court, alleging Continental violated
the PDA by denying her the light-duty assignment. The district court granted summary
judgment to the employer, and the employee appealed to the Fifth Circuit.
Employer Treated Pregnant Employee Consistently
The Fifth Circuit upheld the district court decision and found that the employee was
not denied a light-duty assignment because she was pregnant but rather because she was not
injured on the job. According to the court, the PDA requires an employer to treat a
pregnant employee the same as it would treat any other non-pregnant employee who was not
injured on the job. The court determined that the employer did not discriminate against
the employee by refusing to give her a light-duty position available only to employees
with occupational injuries. As long as Continental treated the employee no differently
than it did other employees with non-work related injuries, the airline did not violate
the PDA.
Difference in Benefits May Not Violate the PDA
This court decision indicates that employers may be able to distinguish between
work-related and non-work-related benefits without violating the PDA. However, employers
in the jurisdiction of the Sixth Circuit Court of Appeals (Kentucky, Tennessee, Ohio, and
Michigan) should note that the Sixth Circuit, in Ensley-Gaines v. Runyon, 100 F.3d
1220 (6th Cir. 1996), ruled that pregnant employees must be treated the same as employees
with work-related injuries. Employers that distinguish between classes of employees
in benefits should consult with legal counsel to determine the decision of the courts in
their jurisdiction. For more information on the PDA, see Leaves of Absence, page 703:17,
notes 26 and 27.
This article is not intended as legal advice. Readers are encouraged to seek
appropriate legal or other professional advice.
For more articles please click here.
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