BPAs should be established for use by an organization responsible for providing supplies for its own operations or for other offices, installations, projects, or functions.
Thus, as with other protected categories like gender or race, a pregnant employee may establish her claim by showing that she was treated less favorably than "similarly situated" non-pregnant employees.
But the standard for establishing illegal discrimination is much less clear under the second part of the PDA, which provides that employers must treat "women affected by pregnancy United Parcel Service, Inc.
Supreme Court wrestled with the interpretation of this duty. The plaintiff had requested "light duty" as an accommodation for her pregnancy-related lifting restriction of 20 lbs. This naturally raised the question of which group of employees should be considered "similarly situated" to the plaintiff for comparison purposes.
In other words, should she win her case because some non-pregnant employees with the same restrictions received an accommodation that she did not? Or, should she lose because non-pregnant employees who, like her, did not meet the criteria of the policy, were also denied leave?
The Supreme Court, in the end, rejected both of these theories.
Instead, the Court held that the real question was whether a jury could find that UPS's light duty policy was motivated by an intent to discriminate against pregnancy-related conditions.
Thus, once a plaintiff demonstrates that she was denied an accommodation that others received, it becomes the employer's burden to justify its exclusion of pregnancy as a qualifying criterion under its policy. That reason normally cannot consist simply of a claim that it is more expensive or less convenient to add pregnant women to the category of those whom the employer accommodates.
The plaintiff can create a genuine issue of material fact as to whether a significant burden exists by providing evidence that the employer accommodates a large percentage of nonpregnant workers while failing to accommodate a large percentage of pregnant workers.
The Court has thus seemingly created hybrid test that melds the separate liability theories pertaining to unintentional disparate impact claims and intentional disparate treatment claims. Thus, the Court has authorized a finding of liability based on a showing that a facially neutral policy of the employer has causes a disparate burden on pregnant women without a sufficiently compelling business justification.
Under this new standard, employers would be well-advised to explicitly include pregnancy related conditions under their short term disability plans even if doing so is "more expensive or less convenient.Territorial extent and application General.
The Act forms part of the law of England and Wales. It also, with the exception of section and Part 15, forms part of the law of Scotland. Rules and Regulations. Notice To Virginia State Bar Members The Virginia State Bar Rules of Professional Conduct, Unauthorized Practice Rules and other regulatory materials contained herein include all amendments approved by the VSB Council and The Supreme Court of Virginia, to date, to the best of our ability.
MCC is an independent U.S. Government foreign aid agency based on the principle that aid is most effective when it reinforces good governance, economic freedom and investments in people. FAR Subpart provides ordering procedures for placing orders against a GSA Schedule.
FAR Part 13, Simplified Acquisition Procedures, Part 15, Contracting by Negotiation, and FAR Part 19, Small Business Programs (except for FAR Part (e)(1)(iii)), are NOT applicable to orders placed against Multiple Award Schedules.
Report of the Presidential Review Commission on the Reform and Transformation of the Public Service in South Africa. SUBJECT: Use of Blanket Purchase Agreements (BPAs) with Federal Supply Schedules (FSS) Effective immediately, the suspension of the award of new BPAs under FSS is rescinded. The use of the FSS provides a streamlined approach to acquire certain commercial supplies and services.