"The vote was 6-3 in Young's favor. Justice Stephen Breyer wrote the majority opinion."The outcome reflects a "middle ground" that Justice Elena Kagan suggested during arguments in early December. Courts must now re-examine Young's case with a more accepting view of the discrimination claim. UPS and other employers facing similar suits still are able to argue their policies were legal because they were based on seniority or some other acceptable reason.
ADDED:
From SCOTUSblog: The Court appears to reject both sides' arguments about the meaning of the Pregnancy Discrimination Act.... The Court chooses an interpretation of its own. The plaintiff, a pregnant woman, under the Court's approach will be required to show that she belongs to the protected class, that she sought accommodation, that the employer did not accommodate her, and that it did accommodate others similar in their ability or inability to work.
So, apparently, it's a minimalist, moderate approach attuned to the particular circumstances of this case. The
PDF of the opinion is here. The dissenters are Justices Scalia, Thomas, and
Kennedy. Kennedy seems like the interesting vote. Let's read that. Kennedy also joins Scalia's dissent, which he says he did because "[m]any other workers with health-related restrictions were not accommodated either," and because "there is no showing here of animus or hostility to pregnant women." But he writes his own separate opinion to associate himself with the "societal concern" about the particular problems of women in the workplace. Pregnancy can be "serious disadvantage." It's "an issue of national importance." And there are a lot of statutes that "honor and safeguard the important contributions women make to both the workplace and the American family." Please don't think Justice Kennedy lacks empathy toward the interests of women!
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