as other persons not so affected but similar in their ability or inability to work.”[2] However, the Act provides exceptions for a "legitimate, nondiscriminatory, nonpretextual justification for these differences in treatment.

"[3] In 2006, Peggy Young was working as a delivery driver for United Parcel Service when she requested time off in order to undergo in vitro fertilization.

[1] She then filed suit in federal court, claiming that "UPS acted unlawfully in refusing to accommodate her pregnancy-related lifting restriction.

The company, in turn, can try to show that its reasons were legitimate — but not because it is more expensive or less convenient to add pregnant women to the categories of workers who are accommodated.

[1] In a concurring opinion, Justice Samuel Alito stated that the wording of one of the clauses of the Act "adds a further requirement of equal treatment irrespective of intent."