The petitioner, Amanda Swiger, worked as a part-time driver for the respondent, United Parcel Service (UPS). Her responsibilities included the pickup and delivery of packages that had arrived by air carrier the previous night. In 2006, after suffering several miscarriages, she became pregnant. Her doctor told her that she should not lift more than 20 pounds during the first 20 weeks of her pregnancy or more than 10 pounds thereafter.

UPS required drivers like Swiger to be able to lift parcels weighing up to 70 pounds (and up to 150 pounds with assistance). UPS told Swiger she could not work while under a lifting restriction. Swiger consequently stayed home without pay during most of the time she was pregnant and eventually lost her employee medical coverage.  

Does Swiger have a claim against UPS? Discuss and cite cases to support your discussion.


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