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University of Baltimore Law Review

Abstract

Peggy Young was finally pregnant. This was the third time that she attempted in vitro fertilization. The first time, in 2005, the procedure was successful, but Young suffered a miscarriage. The second attempt at in vitro fertilization, in February 2006, failed. The third round, in July of 2006, was a success. Each time that Young underwent an in vitro fertilization attempt, she requested, and received, a leave of absence from her job at United Parcel Service (UPS).

But what should have been a joyous occasion-a pregnancy resulting in the birth of Young's daughter Triniti- turned into a battle with UPS that went all the way to the Supreme Court. UPS refused to accommodate Young's health needs during her pregnancy, compelling her to take an extended unpaid leave of absence, which in turn caused her to lose her health coverage. UPS' refusal to accommodate Young came despite its policies accommodating other, non-pregnant, employees in similar situations. Young filed a charge with the Equal Employment Opportunity Commission (EEOC) as a result of UPS' treatment, and, later, filed a charge with the United States District Court for the District of Maryland. Both charges alleged that UPS discriminated against Young based on her gender and pregnancy.

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