Facially Neutral Policy and Disparate Impact: The Example of Pregnancy Discrimination

This article analyzes pregnancy discrimination, including the US Supreme Court's recent decision in the Young v. United Parcel Service, Inc. case. The article explains the disparate treatment theory for pregnant women, the court's decisions, the US Equal Employment Opportunity Commission's guidance, and the legislative history of the Pregnancy Discrimination Act. It concludes that the disparate impact theory can mandate employers to provide accommodations to women affected by pregnancy.