Politics

Justices Revive ex-UPS Worker’s Pregnancy Bias Lawsuit

Published

10 years ago

March 25, 2015

In this Dec. 3, 2014 file photo, Peggy Young, a Virginia woman who lost her UPS job because she became pregnant, speaks to reporters outside the Supreme Court in Washington. The Supreme Court is giving the former UPS driver another chance to prove her claim of discrimination after the company did not offer her lighter duty when she was pregnant. The justices on Wednesday sided with former driver Peggy Young in throwing out lower court rulings that rejected Youngs lawsuit. (AP Photo/Susan Walsh)

MARK SHERMAN, Associated Press

WASHINGTON (AP) — The Supreme Court gave a former UPS driver another chance Wednesday to prove her claim of discrimination after the company did not offer her lighter duty when she was pregnant.

The justices on Wednesday sided 6-3 with former driver Peggy Young in throwing out lower court rulings that rejected her lawsuit.

The case concerned employers’ responsibilities under the 37-year-old Pregnancy Discrimination Act. Atlanta-based UPS Inc. maintained that it obeyed the law because it provided light-work duty only in limited situations and did not single out pregnant women.

But in ordering lower courts to look again at Young’s claim, Justice Stephen Breyer said for the court that one consideration should be, “Why, when the employer accommodated so many, could it not accommodate pregnant women as well?”

UPS said it did not provide light-duty work to any employees unless they were injured on the job, had a condition that was covered by the Americans With Disabilities Act or lost their federal certificate to drive a commercial vehicle.

Justice Antonin Scalia said in dissent that the majority waved “the Supreme Wand” to arrive at the outcome it preferred. Scalia said the law “does not prohibit denying pregnant women accommodations, or any other benefit for that matter, on the basis of an evenhanded policy.” Justices Anthony Kennedy and Clarence Thomas joined the dissent.

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.

UPS has since changed its policy and now says it will try to accommodate pregnant workers. Nine states also have adopted laws directing employers to do so.

In recent months, the Equal Employment Opportunity Commission has updated guidance to employers to make clear that they should accommodate people in Young’s situation. Yet the U.S. Postal Service said it has made no change in policy and maintains the practice that UPS has now abandoned.

Pregnant workers in situations similar to Young’s also may have additional protections under 2008 amendments to the Americans with Disabilities Act. Young’s pregnancy occurred before Congress changed the disabilities law.

Women’s rights groups and Young’s lawyers praised the decision. “We think it’s a big win for Peggy Young. We think it’s a big win for pregnant workers around the country,” said Samuel Bagenstos, Young’s lawyer at the Supreme Court.

UPS spokeswoman Susan Rosenberg said the court did not embrace Young’s argument that UPS’ policy was discriminatory and instead ordered lower court review under a standard that neither side argued for at the Supreme Court.

“We are confident that those courts will find that UPS did not discriminate against Ms. Young under this newly announced standard,” Rosenberg said.

Young’s dispute with UPS arose after she became pregnant through in-vitro fertilization and gave her supervisor a doctor’s note recommending that she not lift packages heavier than 20 pounds. Young, now 43, said she dealt almost exclusively with overnight letters, but UPS said its drivers must be able to lift packages weighing up to 70 pounds. She returned to work two months after her daughter, Triniti, was born. Young left the company in 2009.

The Virginia woman lost two rounds in lower courts. Triniti is now 7.

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Racially Motivated Violence Against Black Teen Prompts $10 Million Claim Against LAUSD 

In December, a second altercation, on a video shared with news media, showed 4 to 6 boys attacking a Black student and using racial slurs. The video also shows a person in a safety vest trying to stop the fight and telling them to “handle it after school.” Then, the video ends. 

Published

7 hours ago

December 30, 2024

Oakland Post

(Left to right) Civil Rights Attorney Caree Harper comforts the victim’s mother as she becomes emotional when describing the attacks on her son while her attorney Bradley C. Gage listens. Verdugo Hills High School on Thursday, Dec. 20, 2024, in Tujunga, CA. (Solomon O. Smith /for California Black Media)

By Solomon O. Smith, California Black Media

A distraught mother and her legal team announced a $10 million lawsuit against the Los Angeles Unified School District (LAUSD) on Dec. 16, alleging that her son was the target of bullying because of his race.

“CS DOE is a 14-year-old African American student at Verdugo High School. He is a Ninth Grader,” reads a statement the plaintiff’s attorneys shared with California Black Media (CBM).

“Almost from the first day of class (in August 2024), CS DOE was targeted by Latino students who called him racial slurs, physically attacked him and threatened to stab him.”

The family’s identity has not yet been released to the public due to safety concerns, according to their attorneys Bradley C. Gage and Caree Harper. The student’s mother is identified only as A.O. in the complaint.

The first video, filmed in August, showed several non-Black students punching and kicking a Black student in a bathroom on campus while yelling racial slurs. The mother claims that the students who attacked her son were not punished, and the administration asked her to move her son to another school for his safety.

“They wanted him to leave the school without giving any disciplinary action towards those students,” said the student’s mother. “He’s not going anywhere. He’s going to finish. I wanted him to at least stay until the December winter break, and then I was going to transfer schools for him.”

Before she could enroll her son in a different school the attacks escalated.

CS DOE, a 14-year-old freshman, left the school but was followed by a car, according to Gage. Several individuals exited the vehicle, one with a “large butcher knife.” A fight ensued and two people were stabbed. The Black student was arrested for assault with a deadly weapon but was later released into his mother’s custody.

The high school freshmen is scheduled to appear in juvenile court on Feb. 1, but Harper says she will reach out to the District Attorney and make the case against charging the young man.

“His mama had to go find him because he was hiding and fleeing for his very life,” said Harper.

According to the boy’s mother, the young student is still traumatized and has not been able to return to the area because it remains unsafe. Racial slurs have also been spray painted on their home.

“I’m sad. I’m devastated, you know,” said the mother. “I still feel like they’re after him. I still feel like they can kill him, possibly.”

The LAUSD and principal of Verdugo High School did not respond to CBM’s requests for comment.

If you are – or someone you know is – has experienced a hate crime or hate incident, please visit CAvsHate.org for more information and to find out what you can do about it.

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2024 In Review: 7 Questions for the California Association of Black School Educators 

CABSE members represent governmental agencies, charter schools and charter school organizations, public school districts, traditional public schools, and community colleges. The organization’s primary goal is to expand PK-14 educational opportunities for all students in California, with an emphasis on under-represented and under-served Black students.

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10 hours ago

December 30, 2024

Oakland Post

CABSE members represent governmental agencies, charter schools and charter school organizations, public school districts, traditional public schools, and community colleges. The organization’s primary goal is to expand PK-14 educational opportunities for all students in California, with an emphasis on under-represented and under-served Black students.

CABSE President Satra Zurita and Conference Chair Micah Ali.

By Edward Henderson, California Black Media

The California Association of Black School Educators (CABSE) is an organization consisting of elected and appointed school officials, administrators and instructors from across California who are committed to advancing equity for Black students.

CABSE members represent governmental agencies, charter schools and charter school organizations, public school districts, traditional public schools, and community colleges.

The organization’s primary goal is to expand PK-14 educational opportunities for all students in California, with an emphasis on under-represented and under-served Black students.

California Black Media (CBM) spoke with CABSE President Satra Zurita and Conference Chair Micah Ali about this year’s successes, disappointments, and plans for the organization coming into the new year.

Looking back at 2024, what stands out to you as your most important achievement and why?

Ali: I would have to say that two highlights have been the ongoing support of the Bill and Melinda Gates Foundation, Engie, and other sponsors that have enabled us to bring together like-minded education leaders twice a year to collectively advance innovative and meaningful strategies to achieve change on behalf of Black students across our state.

How did your leadership and investments contribute to improving the lives of Black Californians? 

Zurita: CABSE’s leadership and investment in improving the education system for Black students in our great state has resulted in a long-standing focus on transforming public education and its response to Black students. By pulling from the very wisdom of those educators and leaders who care deeply about Black students and who are showing great promise through their efforts.

What frustrated you the most over the last year? 

Zurita: Continuing to see the deep impact of COVID-19 Pandemic school site closures on students academically and emotionally — especially Black students. This makes our work and our advocacy more vital than ever.

CBM: What inspired you the most over the last year?

Zurita: Seeing our CABSE convenings grow in depth and breadth — our strategies, powerful content and reach.

What is one lesson you learned in 2024 that will inform your decision-making next year?

Ali: Our Blueprint for Education Equity is a crowd-sourced framework of strategies that have shown great promise for improving the education experiences and opportunities for Black students. In 2024, we developed an equity self-assessment tool for districts to use in evaluating their own efforts on behalf of Black students. Strategies are helping Black students.

In one word, what is the biggest challenge Black Californians face?

Zurita: Many Black students across our state are dealing with a host of challenges: homelessness, food insecurity, exposure to violence, not to mention bias remains a pervasive problem. To add to the challenge, educators are worn out, tired, and frustrated. We now need to think about how we can simultaneously inspire and empower students and educators alike. The system needs an overhaul.

What is the goal you want to achieve most in 2025?

Zurita: In 2025, we hope to stand CABSE up as a fully functioning non-profit organization engaged in research and policy design.

Ali: We also aim to deepen the content of our convenings, including adding a Math Track and what we are calling Social Determinants of Education Track to our annual conference and institute, which will address those social contexts that prevent Black students from realizing their potential as students.

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2024 in Review: 7 Questions for Social Justice Executive Kaci Patterson

Kaci Peterson, the founder and Chief Architect of Social Good Solutions and the Black Equity Collective, has over 18 years of experience in the non-profit and philanthropy sectors. California Black Media (CBM) spoke with Peterson recently. She discussed the organization’s successes, disappointments, and lessons from 2024 as they continue their initiatives into the new year.

Published

10 hours ago

December 30, 2024

Oakland Post

File photo: Kaci Patterson, founder of Los Angeles-based Black Equity Collective, represented grassroot organizations from across the state that demanded the state invest into a coalition that aims to build a healthy relationship between philanthropy groups and the public sector. May 10, 2023, Sacramento, California. CBM photo by Antonio Ray Harvey.

By Edward Henderson, California Black Media

The Black Equity Collective (BEC) is a community-focused, public-private partnership with Black equity as its central, driving force.

Born out of two organizations – the Social Good Solutions Firm and the Black Equity Initiative — BEC’s mission is centered on the belief that progress on Black equity and racial justice must be part of any credible social justice movement in the United States. Additionally, the collective believes equity is only achieved when philanthropic investments, public policies, and institutional practices converge to boldly confront racial injustice.

Kaci Peterson, the founder and Chief Architect of Social Good Solutions and the Black Equity Collective, has over 18 years of experience in the non-profit and philanthropy sectors.

California Black Media (CBM) spoke with Peterson recently. She discussed the organization’s successes, disappointments, and lessons from 2024 as they continue their initiatives into the new year.

Looking back at 2024, what stands out to you as your most important achievement and why? 

This year, we celebrated our 10-year anniversary as a firm. Since the firm’ s inception we are proud to announce that cumulatively we’ve been able to raise and leverage over $55.5 million for Black-led organizations in California.

One of the things that we have accomplished is our expanded membership. We had an initial goal of 30 to 40 organizations. We have a current membership of 54 organizations and a waiting list of over 120.

How did your leadership and investments contribute to improving the lives of Black Californians? 

We launched a survey involving 200 Black-led organizations to study the economic impact of Black-led organizations on California’ s GDP. The results of that survey will be released in early 2025.

What frustrated you the most over the last year?

The decline in philanthropic investment after the height of commitments following the murder of George Floyd, following COVID.

What inspired you the most over the last year?

I am always inspired by the leaders on the ground who just continue to do monumental work. The fact that here in Los Angeles, we’ve been able to stand up a doula hub in response to the policy advocacy work that so many of our leaders, our Black women in particular, really pushed and got state legislation passed a couple of years ago so that doulas can be an approved and reimbursable expense through Medi-Cal.

What is one lesson you learned in 2024 that will inform your decision-making next year?

I started an 11-week sabbatical on Nov. 1. I think oftentimes as Black leaders, we are burning the candle at both ends. And I don’ t think Black people are even aware of the social, emotional, and physical toll that taken on us/ We must rest, retreat and take respite as part of our journey to justice.

In one word, what is the biggest challenge Black Californians face?

Erasure.

We’ve really leaned into a narrative of Black permanence and what it means to preserve our community, our culture, our contributions, our language, our history, our leaders, our institutions.

What is the goal you want to achieve most in 2025?

I really want to start up an endowment for the collective. I think it’s really important to be able to preserve all of the things that the collective has contributed the philanthropic ecosystem so far.