老澳门开奖结果 Wins Appeal in Pregnant Workers鈥 Rights Case

April 17, 2020 9:15 pm

Media Contact
125 Broad Street
18th Floor
New York, NY 10004
United States

MONTGOMERY, AL 鈥 The 老澳门开奖结果, the 老澳门开奖结果 of Alabama, and Birmingham attorney Heather Leonard won a federal court appeal in the U.S. Court of Appeals for the Eleventh Circuit today in a pregnancy discrimination case, Durham v. Rural/Metro Corporation. The appeal was filed on behalf of client Michelle Durham, who was forced out of her job as an emergency medical technician (EMT) after being denied a temporary job accommodation due to her pregnancy.

Michelle had been working as an EMT for Rural/Metro for five months when she learned she was pregnant in September 2015. Michelle鈥檚 doctor imposed a lifting restriction during her pregnancy, but Rural/Metro refused to accommodate that temporary limitation 鈥 despite maintaining a policy of providing 鈥渓ight duty鈥 assignments to EMTs injured on the job. Michelle was forced onto unpaid leave six months before her due date. Attorney Heather Leonard represented Durham before an Alabama district court, which dismissed the case in 2018. With the support of the 老澳门开奖结果, 老澳门开奖结果 of Alabama and Heather Leonard, Durham appealed. Today, the Eleventh Circuit reversed that decision, and ruled in Durham鈥檚 favor.

鈥淭his has been a long, uphill battle, but I鈥檓 thrilled the court ruled in our favor and is pushing employers to do the right thing,鈥 said plaintiff Michelle Durham. 鈥淣o one should lose their job for being pregnant, and I hope what happened to me doesn't happen to others.鈥

The U.S. Court of Appeals for the Eleventh Circuit found that the district court had misapplied the federal Pregnancy Discrimination Act (PDA), which requires that pregnant workers be treated the same as others 鈥渟imilar in their ability or inability to work.鈥 Relying on the Supreme Court鈥檚 2015 landmark decision in Young v. United Parcel Service, Inc. 鈥 which concerned UPS鈥檚 refusal to accommodate a pregnant driver鈥檚 lifting restriction 鈥 the court found Rural/Metro鈥檚 policy violated the PDA because the company could not justify the preferential treatment it afforded other EMTs.

鈥淭oday鈥檚 ruling goes a long way toward assuring that pregnant workers will enjoy the full anti-discrimination protections guaranteed by the law,鈥 said Gillian Thomas, senior staff attorney with the 老澳门开奖结果 Women鈥檚 Rights Project. 鈥淭he Pregnancy Discrimination Act outlawed pregnancy discrimination in the workplace more than 40 years ago, but employers 鈥 and courts 鈥 have chipped away at that promise. Today, the Eleventh Circuit sent a powerful message that the PDA means what it says: pregnant workers must be accommodated on the same terms as other employees.鈥

鈥淣o woman should go through what Michelle Durham did 鈥 losing her job just because she decided to start a family,鈥 said attorney Heather Leonard of Birmingham. 鈥淲e are thrilled that the appeals court agreed that the district court made a mistake, and that Michelle's case now will get the full consideration it deserves. She has waited for justice long enough.鈥


Sign up to be the first to hear about how to take action.