Young v. United Parcel Service

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-1226	4th Cir.	Dec 3, 2014 Tr.Aud.	Mar 25, 2015	6-3	Breyer	OT 2014

Holding: A plaintiff alleging that the denial of an accommodation constituted disparate treatment under the Pregnancy Discrimination Act, which requires employers to treat “women affected by pregnancy . . . the same for all employment-related purposes . . . as other persons not so affected but similar in their ability or inability to work,” may make out a prima facie case by showing that she belongs to the protected class, that she sought accommodation, that the employer did not accommodate her, and that the employer did accommodate others similar in their ability or inability to work. The employer may then seek to justify its refusal to accommodate the plaintiff by relying on “legitimate, nondiscriminatory” reasons for denying accommodation.

Judgment: Vacated and remanded, 6-3, in an opinion by Justice Breyer on March 25, 2015. Justice Alito filed an opinion concurring in the judgement. Justice Scalia filed a dissenting opinion, in which Justices Kennedy and Thomas joined. Justice Kennedy filed a dissenting opinion.

SCOTUSblog Coverage

Opinion analysis: Fashioning a remedy for pregnancy bias (Lyle Denniston)
Argument analysis: "As compared to what?" (Lyle Denniston)
Argument preview: Pregnancy and workplace equality (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Apr 8 2013	Petition for a writ of certiorari filed. (Response due May 10, 2013)
May 2 2013	Order extending time to file response to petition to and including June 10, 2013.
May 10 2013	Brief amici curiae of Law Professors, and Women's Rights Organizations filed.
Jun 7 2013	Brief of respondent United Parcel Service, Inc. in opposition filed.
Jun 12 2013	Reply of petitioner Peggy Young filed.
Jun 19 2013	DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 19 2014	Brief amicus curiae of United States filed.
Jun 2 2014	Supplemental brief of petitioner Peggy Young filed.
Jun 3 2014	DISTRIBUTED for Conference of June 19, 2014.
Jun 4 2014	Supplemental brief of respondent United Parcel Service, Inc. filed. (Distributed)
Jun 23 2014	DISTRIBUTED for Conference of June 26, 2014.
Jun 30 2014	DISTRIBUTED for Conference of June 30, 2014.
Jul 1 2014	Petition GRANTED.
Jul 18 2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2014.
Jul 18 2014	The time to file respondent's brief on the merits is extended to and including October 24, 2014.
Jul 29 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jul 31 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Sep 4 2014	SET FOR ARGUMENT on Wednesday, December 3, 2014.
Sep 4 2014	Brief of petitioner Peggy Young filed.
Sep 4 2014	Joint appendix filed (two Volumes). (Statement of costs filed.)
Sep 10 2014	Brief amici curiae of Law Professors and Women's and Civil Rights Organizations filed.
Sep 10 2014	Brief amici curiae of American Civil Liberties Union and A Better Balance, et al. filed.
Sep 11 2014	Brief amici curiae of Black Women's Health Imperative, et al. filed.
Sep 11 2014	Brief amicus curiae of the United States filed.
Sep 11 2014	Brief amici curiae of U.S. Women's Chamber of Commerce, et al. filed.
Sep 11 2014	Brief amici curiae of Members of Congress filed.
Sep 11 2014	Brief amici curiae of 23 Pro-Life Organizations and the Judicial Education Project filed.
Sep 11 2014	Brief amici curiae of National Education Association, et al. filed.
Sep 11 2014	Brief amici curiae of Bipartisan State and Local Legislators filed.
Sep 11 2014	Brief amici curiae of Health Care Providers, et al. filed.
Sep 11 2014	Brief amicus curiae of Leadership Conference on Civil and Human Rights filed.
Sep 22 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 22 2014	Record requested from U.S.C.A. 4th Circuit.
Sep 25 2014	Record received from U.S.D.C. of Maryland. The record is electronic and located on PACER.
Oct 3 2014	Record received from U.S.C.A. 4th Circuit is electronic and located on PACER. Also received from U.S.C.A. 4th Circuit is 1 Box, the records are SEALED.
Oct 24 2014	Brief of respondent United Parcel Service, Inc. filed.
Oct 31 2014	Brief amici curiae of Equal Employment Advisory Council, et al. filed.
Oct 31 2014	Brief amicus curiae of American Trucking Associations, Inc. filed.
Oct 31 2014	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.
Oct 31 2014	Brief amicus curiae of U.S. Chamber of Commerce filed.
Nov 3 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 7 2014	CIRCULATED.
Nov 20 2014	Reply of petitioner Peggy Young filed. (Distributed)
Dec 3 2014	Argued. For petitioner: Samuel R. Bagenstos, Ann Arbor, Mich.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Caitlin J. Halligan, New York, N. Y.
Mar 25 2015	Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Scalia, J., filed a dissenting opinion, in which Kennedy and Thomas, JJ., joined. Kennedy, J., filed a dissenting opinion.
Mar 25 2015	Record from U.S.C.A. 4th Circuit has been returned.
Apr 27 2015	JUDGMENT ISSUED

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6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
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Cases argued	43
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Young v. United Parcel Service

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