Spivey v. Beverly Enter., Inc., 196 F.3d 1309 (11th Cir. 1999). · Go Syfert
Spivey v. Beverly Enter., Inc., 196 F.3d 1309 (11th Cir. 1999). Cases Citing This Book View Copy Cite
101 citation events (97 in the last 25 years) across 17 distinct courts.
Strongest positive: Peggy Young v. United Parcel Service, Inc. (ca4, 2015-04-10)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Peggy Young v. United Parcel Service, Inc.
4th Cir. · 2015 · quote attribution · 1 verbatim quote · confidence high
the lifting restriction imposed on clearly prevented her from performing the responsibilities required of this position.
discussed Cited as authority (verbatim quote) Peggy Young v. United Parcel Service, Inc.
4th Cir. · 2015 · quote attribution · 1 verbatim quote · confidence high
the lifting restriction imposed on clearly prevented her from performing the responsibilities required of this position.
discussed Cited as authority (rule) Gulf Coast Rental Co L.L.C. v. City of Gulf Shores, et al.
S.D. Ala. · 2026 · confidence medium
Both disparate treatment and disparate impact are types of discrimination, e.g., Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309, 1312 (11th Cir. 1999), but only disparate treatment involves discriminatory intent.
examined Cited as authority (rule) Bozorgmehr Pouyeh v. Bascom Palmer Eye Institute (4×) also: Cited "see"
11th Cir. · 2015 · confidence medium
Second, the plaintiff must demonstrate causation by offering statistical evidence sufficient to show that the challenged practice has resulted in prohibited discrimination.” Spivey, 196 F.3d at 1314 (citation omitted).
discussed Cited as authority (rule) Fabiola Torres-Skair v. Medco Health Solutions of Hidden River, LC
11th Cir. · 2014 · confidence medium
“Under the PDA, the employer must ignore an employee’s pregnancy and treat her as well as it would have if she were not pregnant.” Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309, 1313-14 (11th Cir.1999) (internal quotation marks omitted).
discussed Cited as authority (rule) Abbott v. Elwood Staffing Services Inc. (2×)
N.D. Ala. · 2014 · confidence medium
Sampath v. Immucor, Inc., 271 Fed.Appx. 955, 961 (11th Cir.2008) (citing Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309, 1312 (11th Cir.1999)).
discussed Cited as authority (rule) Smith v. Miami-Dade County
S.D. Fla. · 2014 · confidence medium
And to establish a prima facie case that a particular employment practice had a disparate impact on a protected group, a plaintiff must: (1) “identify the specific employment practice that allegedly has a disproportionate impact”; and (2) “demonstrate causation by offering statistical evidence sufficient to show that the challenged practice has resulted in prohibited discrimination.” Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309, 1314 (11th Cir.1999).
cited Cited as authority (rule) Corbin v. Town of Palm Beach
S.D. Fla. · 2014 · confidence medium
Hallmark Developers v. Fulton County, 466 F.3d 1276, 1286 (11th Cir.2006); Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309, 1314 (11th Cir.1999).
discussed Cited as authority (rule) Young v. United Parcel Service, Inc.
4th Cir. · 2013 · confidence medium
Although there is (out-of-circuit) case law supporting UPS’s position, see Spivey, 196 F.3d at 1312 ("The [twenty-five pound] lifting restriction imposed on [the plaintiff] clearly prevented her from performing the responsibilities required of this position.”), the record also indicates Young may have.been able to perform satisfactorily even with the restriction.
discussed Cited as authority (rule) Young v. United Parcel Service, Inc.
4th Cir. · 2013 · confidence medium
Although there is (out-of-circuit) case law supporting UPS’s position, see Spivey, 196 F.3d at 1312 ("The [twenty-five pound] lifting restriction imposed on [the plaintiff] clearly prevented her from performing the responsibilities required of this position.”), the record also indicates Young may have been able to perform satisfactorily even with the restriction.
cited Cited as authority (rule) Holland v. Gee
11th Cir. · 2012 · confidence medium
Id. at 1313; see also Byrd v. Lakeshore Hosp., 30 F.3d 1380, 1383-84 (11th Cir.1994).
cited Cited as authority (rule) Lisa M. Holland v. David A. Gee
11th Cir. · 2012 · confidence medium
Id. at 1313; see also Byrd v. Lakeshore Hosp., 30 F.3d 1380 , 1383–84 (11th Cir. 1994).
discussed Cited as authority (rule) Williams v. Crown Liquors of Broward, Inc. (2×) also: Cited "see"
S.D. Fla. · 2012 · confidence medium
The fourth factor is met when the plaintiff “suffered from a differential application of work or disciplinary rules.” Spivey, 196 F.3d at 1312. 1.
discussed Cited as authority (rule) Bell v. Crowne Management, LLC
S.D. Ala. · 2012 · confidence medium
We evaluate such claims using the framework established by the Supreme Court in [McDonnell Douglas and Burdine , and] [u]nder that framework the plaintiff must first establish a prima facie case of discrimination....''); Brown v. Alabama Department of Transportation, 597 F.3d 1160, 1174 (11th Cir.2010) ("A plaintiff bears the burden of establishing a prima facie case of discrimination in Title VII cases that are supported by circumstantial evidence.”); Burke-Fowler, 447 F.3d at 1323 ("Racial discrimination claims based on circumstantial evidence are evaluated under the McDonnell Douglas burd…
cited Cited as authority (rule) Slater v. Energy Services Group International Inc.
11th Cir. · 2011 · confidence medium
Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309, 1312 (11th Cir.1999).
cited Cited as authority (rule) Holland v. Gee
M.D. Fla. · 2010 · confidence medium
Further, “an employer violates the PDA when it denies a pregnant employee a benefit generally available to temporarily disabled workers holding similar job positions.” Id. at 1313.
cited Cited as authority (rule) Anderson v. Dunbar Armored, Inc.
N.D. Ga. · 2009 · confidence medium
Further, “an employer violates the PDA when it denies a pregnant employee a benefit generally available to temporarily disabled workers holding similar job positions.” Id. at 1313. b.
discussed Cited as authority (rule) Linda Holder v. R. James Nicholson
11th Cir. · 2008 · confidence medium
To establish a prima facie case for discrimination based on a theory of disparate treatment, a plaintiff must show that “(1) she is a member of a group protected by Title VII; (2) she was qualified for the position or benefit sought; (3) she suffered an adverse effect on her employment; and (4) she suffered from a differential application of work or disciplinary rules.” Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309, 1312 (11th Cir.1999).
discussed Cited as authority (rule) Krop v. Nicholson
M.D. Fla. · 2007 · confidence medium
Second, she must “demonstrate causation by offering statistical evidence sufficient to show that the challenged practice resulted in prohibited discrimination.” See Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309, 1314 (11th Cir.1999).
cited Cited as authority (rule) Asad v. Continental Airlines, Inc.
N.D. Ohio · 2004 · confidence medium
Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309, 1311-1313 (11th Cir.1999); Armstrong v. Flowers, 33 F.3d 1308, 1313-1317 (11th Cir.1994); Duncan v. Children’s Nat.
discussed Cited as authority (rule) Sermons v. Fleetwood Homes of Georgia (2×)
S.D. Ga. · 2002 · confidence medium
Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309, 1312 (11th Cir.1999) (“The PDA does not require that employers give preferential treatment to pregnant employees.”).
discussed Cited "see" GILLIAN v. DG DISTRIBUTION SOUTHEAST LLC
M.D. Ga. · 2024 · signal: see · confidence high
See Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309, 1312 (11th Cir. 1999), abrogated on other grounds by Young v. United Parcel Serv., Inc., 575 U.S. 206 (2015) (“The PDA does not require that employers give preferential treatment to pregnant employees.”); Garcia v. Woman’s Hosp. of Texas, 97 F.3d 810, 813 (5th Cir. 1996) (“The PDA does not mandate preferential treatment for pregnant women.”); California Fed.
discussed Cited "see" McKinney v. Cleveland County Board of Education
W.D.N.C. · 2022 · signal: see · confidence high
See Spivey v. Beverly Enters., Inc., 196 F.3d 1309 , 1312 (11th Cir. 1999); see also Byrd v. Lakeshore Hosp., 30 F.3d 1380, 1382 (11th Cir. 1994) (“It is today a settled principle that the PDA and Title VII are violated when pregnant employees are denied privileges afforded non- pregnant temporarily disabled employees.”).
discussed Cited "see" Kimberlie Michelle Durham v. Rural/Metro Corporation (2×) also: Cited "see, e.g."
11th Cir. · 2020 · signal: see · confidence high
See Spivey, 196 F.3d at 1312 .
cited Cited "see" Dominguez v. Lake Como Club
11th Cir. · 2013 · signal: see · confidence high
See Spivey, 196 F.3d at 1312.
cited Cited "see" Eduardo Dominguez v. Lake Como Club
11th Cir. · 2013 · signal: see · confidence high
See Spivey, 196 F.3d at 1312.
discussed Cited "see" Kendyl Grace v. Adtran, Inc.
11th Cir. · 2012 · signal: see · confidence high
See Spivey, 196 F.3d at 1312 (noting that an employee was no longer qualified for her position because her lifting restriction “clearly prevented her from performing the responsibilities required of [her] position”). 5 We also conclude that Grace failed to demonstrate that she was treated differently from similarly situated non-pregnant employees who had lifting restrictions.
discussed Cited "see" Serednyj v. Beverly Healthcare, LLC
7th Cir. · 2011 · signal: see · confidence high
See Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309, 1312-13 (11th Cir.1999) (holding that the same policy against the same defendant is valid under the PDA and citing Troupe and Piraino); see also Reeves v. Swift Transp.
discussed Cited "see" Watkins v. Secretary Department of Homeland Security
11th Cir. · 2010 · signal: see · confidence high
See Spivey v. Beverly Enter., Inc., 196 F.3d 1309 , 1314 (11th Cir.1999) (explaining that prima facie case of disparate impact claim requires proof of causation by offering statistical evidence that a challenged employment practice had a disproportionate impact that resulted in discrimination); EEOC v. Joe's Stone Crab, Inc., 220 F.3d 1263 , 1273-74 (11th Cir.2000) (explaining that a plaintiff may establish a pattern or practice claim by presenting strong statistical evidence of disparate impact coupled with anecdotal evidence of the employer’s intent to treat the protected class differently…
discussed Cited "see" Nelson v. Chattahoochee Valley Hospital Society
M.D. Ala. · 2010 · signal: see · confidence high
See Spivey v. Beverly Enters., Inc., 196 F.3d 1309 , 1312 (11th Cir.1999) (“The PDA does not require that employers give preferential treatment to pregnant employees.”); Byrd v. Lakeshore Hosp., 30 F.3d 1380, 1382 (11th Cir.1994) (“It is today settled precedent that the PDA and Title VII are violated when pregnant employees are denied privileges afforded nonpregnant temporarily disabled employees.”).
discussed Cited "see" Amanda Reeves v. Swift Transportation Company, Inc., Also Known as Swift Transportation Corporation
6th Cir. · 2006 · signal: see · confidence high
See Spivey v. Beverly Enters., 196 F.3d 1309 , 1313 (11th Cir.1999); Urbano v. Cont’l Airlines, Inc., 138 F.3d 204, 206 (5th Cir.1998) (“[A]n employer is obliged to ignore a woman’s pregnancy ... ”); Troupe v. May Dep’t Stores Co., 20 F.3d 734, 738 (7th Cir.1994).
discussed Cited "see" Reeves v. Swift Transp Co
6th Cir. · 2006 · signal: see · confidence high
See Spivey v. Beverly Enters., 196 F.3d 1309 , 1313 (11th Cir. 1999); Urbano v. Cont’l Airlines, 138 F.3d 204, 206 (5th Cir. 1998) (“[A]n employer is obliged to ignore a woman’s pregnancy . . .”); Troupe v. May Dep’t Stores Co., 20 F.3d 734, 738 (7th Cir. 1994).
discussed Cited "see" Atteberry v. Department of State Police
C.D. Ill. · 2002 · signal: see · confidence high
April 10, 1996); see Spivey v. Beverly Entetprises, Inc., 196 F.3d 1309, 1312 (11th Cir.1999) (plaintiff was precluded by her doctor from lifting more than 25 pounds); Garcia v. Woman’s Hosp. of Texas, 97 F.3d 810, 812 (5th Cir.1996) (plaintiff's doctor instructed her not to “push, pull, lift, and support over 150 lbs"); Meier v. Noble Hospitality, Inc., 197 F.Supp.2d 1178, 1179 (N.D.Iowa 2001) (plaintiff’s doctor recommended she not lift over 20 pounds and not work more than 8 hours per day).
examined Cited "see" Ferrell v. Masland Carpets, Inc. (3×)
S.D. Ala. · 2000 · signal: see · confidence high
See Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309, 1312 (11th Cir.1999).
discussed Cited "see, e.g." Mullet v. Wayne-Dalton Corp.
N.D. Ohio · 2004 · signal: see also · confidence low
Ensley-Gaines has been criticized by other courts as actually ''effectuating] discrimination contrary to the PDA — in favor of pregnant employees.” Urbano v. Continental Airlines, Inc., 138 F.3d 204, 207 (5th Cir.1998) (where the employer's policy of granting light duty only for on-the-job injuries was upheld as non-discriminatory to pregnant employees); see also, Spivey v. Beverly Enterprises, Inc., 196 F.3d 1309 , 1313 n. 2 (11th Cir.1999) (adopting Urbano and rejecting Ensley-Gaines ).
Retrieving the full opinion text from the archive…
Michelle SPIVEY, Plaintiff-Appellant,
v.
BEVERLY ENTERPRISES, INC., D.B.A. Boaz Health & Rehabilitation Center, Defendant-Appellee
Myron K Allenstein, Allenstein & Associates, Gadsden, AL, for Plaintiff-Appellant., Christopher G. Bell, Jackson, Lewis, Schnitzler & Krupman, Minneapolis, MN, for Defendant-Appellee.
Black, Wilson, Roney.
Cited by 21 opinions  |  Published
BLACK, Circuit Judge:

Appellant Michelle Spivey brought this action against her employer, Appellee Beverly Enterprises, Inc., alleging that she was discriminated against in violation of the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), after being terminated due to a limitation imposed by her physician because of her pregnancy. The district court granted Appellee’s motion for summary judgment after finding that Appellant had not established a prima facie case of either disparate treatment or disparate impact discrimination. We affirm.

I. BACKGROUND

Appellant was employed on June 13, 1996, as a certified nurse’s assistant at the Boaz Health and Rehabilitation Center, which is owned and operated by Appellee. Her primary responsibilities at the Boaz facility were to lift and reposition patients, assist with patient baths and meals, and provide general patient care. Soon after discovering she was pregnant, Appellant developed concerns that lifting a patient on her assigned hall who weighed almost 250 pounds could cause harm to her unborn child. As a result, she requested assistance in lifting this patient. She was told by Appellee to obtain a doctor’s verification of the restriction and she consequently obtained a restriction from her obstetrician which imposed a lifting limitation of 25 pounds.

Upon receipt of the medical restriction, Appellee notified Appellant she would not be provided with an accommodation due to the company’s modified duty policy. Ap-pellee’s policy stated that employees were excused from meeting their job responsibilities only if they qualified for modified duty, which was available exclusively to employees who suffered from work-related injuries. [1] Under this policy, Appellant[*1312] could be excused from lifting patients only if she were injured on the job. After being told that she could not be excused from her job responsibilities under Appel-lee’s modified duty policy, Appellant consequently attempted to have the lifting restriction removed by her obstetrician. The doctor, however, refused this request. As a result of the medical restriction that precluded her from lifting more than 25 pounds, Appellant was terminated. On July 28, 1997, Appellant was rehired by Appellee.

Appellant instituted this action on March 3, 1998, claiming that Appellee’s provision of modified duty for employees injured on the job, but not for pregnant employees, violated the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k). Appellant argued that her termination caused her to lose seniority and related benefits. Appellant alleged both disparate treatment and disparate impact claims. We review de novo the district court’s grant of a motion for summary judgment on these claims. Edwards v. Wallace Community College, 49 F.3d 1517, 1520 (11th Cir.1995).

II. DISCUSSION

In 1978, Congress amended Title VII by enacting the Pregnancy Discrimination Act (PDA), which provides that prohibitions of discrimination “because of sex” or “on the basis of sex” include discrimination on the basis of pregnancy, childbirth, or related medical conditions. 42 U.S.C. § 2000e(k) (1994). This act declared that women affected by pregnancy “shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefits programs, as other persons not so affected but similar in their ability or inability to work....” Id.

There are two types of discrimination actionable under Title VII, disparate treatment and disparate impact. Although proof of discriminatory intent is necessary for a plaintiff to succeed on a claim of disparate treatment, a claim of disparate impact does not require evidence of intentional discrimination. See Armstrong v. Flowers Hosp., Inc., 33 F.3d 1308, 1313 (11th Cir.1994).

A. Disparate Treatment

Appellant has not offered direct evidence that Appellee intended to discriminate against pregnant employees. Appellant must therefore present circumstantial evidence from which an inference of intentional discrimination can be drawn. See id. In order to prevail on a disparate treatment claim based on circumstantial evidence, Appellant is required to first establish a prima facie case that creates a rebuttable presumption of unlawful discrimination. See id. Appellant must meet four requirements in order to establish a prima facie case of discrimination: (1) she is a member of a group protected by Title VII; (2) she was qualified for the position or benefit sought; (3) she suffered an adverse effect on her employment; and (4) she suffered from a differential application of work or disciplinary rules. See id. at 1314. The only two requirements in dispute are whether Appellant was qualified and whether she suffered from a differential application of work rules.

There is no dispute that Appellant was no longer qualified to work as a nurse’s assistant. The lifting restriction imposed on Appellant clearly prevented her from performing the responsibilities required of this position. Appellant argues, however, that she should have been given the accommodation of modified duty because she was as capable of performing the duties required of a modified duty assignment as non-pregnant employees who were injured on the job. Appellee, however, was under no obligation to extend this accommodation to pregnant employees. The PDA does not require that employers give preferential treatment to pregnant employees. See, e.g., Lang v. Star Herald, 107 F.3d 1308, 1312 (8th Cir.1997); Garcia v. Woman’s Hosp. of Texas, [*1313] 97 F.3d 810, 813 (5th Cir.1996); Troupe v. May Department Stores Co., 20 F.3d 734, 738 (7th Cir.1994). Appellee was therefore free to provide an accommodation to employees injured on the job without extending this accommodation to pregnant employees.

Appellant also has failed to establish that she suffered from a differential application of work rules. In Byrd v. Lakeshore Hospital, 30 F.3d 1380 (11th Cir.1994), this Court held that an employer violates the PDA when it denies a pregnant employee a benefit generally available to temporarily disabled workers holding similar job positions. See id. at 1383-84. In this case, the benefit Appellant seeks is not generally available to temporarily disabled workers. To the contrary, Appellee offers modified duty only to a clearly identified sub-group of workers— those workers who are injured on the job.

The correct comparison is between Appellant and other employees who suffer non-occupational disabilities, not between Appellant and employees who are injured on the job. Under the PDA, the employer must ignore an employee’s pregnancy and treat her “as well as it would have if she were not pregnant.” Piraino v. International Orientation Resources, Inc., 84 F.3d 270, 274 (7th Cir.1996). Ignoring Appellant’s pregnancy would still have left Ap-pellee with an employee who suffered from a non-occupational injury. Appellee, as per its policy, was therefore entitled to deny Appellant a modified duty assignment as long as it denied modified duty assignments to all employees who were not injured on the job.

This position is consistent with Urbano v. Continental Airlines, Inc., 138 F.3d 204 (5th Cir.1998), cert. denied, — U.S. -, 119 S.Ct. 509, 142 L.Ed.2d 422 (1999). In Urbano, the Fifth Circuit addressed a pregnancy discrimination claim factually similar to the one at issue. The employer in Urbano had a policy that granted light duty assignments only to employees who suffered an injury on the job. See id. at 205. The Fifth Circuit held it was not a violation of the PDA for the employer to deny light duty assignments to pregnant employees even though employees who were injured on the job were provided with such an opportunity. See id. at 206. The Fifth Circuit found that the plaintiff, a pregnant employee, had not established a prima facie case of discrimination because she failed to demonstrate that she was qualified for light duty and that she was treated differently under Continental’s light duty policy than other employees with non-occupational injuries. See id. at 206-07. [2]

We therefore hold that an employer does not violate the PDA when it offers modified duty solely to employees who are injured on the job and not to employees who suffer from a non-occupational injury. Of course, pregnant employees must be treated the same as every other employee with a non-occupational injury. Appellant has also asserted that she was not treated equally even to non-pregnant employees who were not injured on the job. The only evidence she offered was the affidavit of Mary Duran, a former employee of Appel-lee who underwent a hysterectomy that required her to refrain from lifting while recuperating. We agree with the district[*1314] court that the affidavit does not sufficiently create an issue of material fact as to whether Appellant suffered from a different application of work rules than non-pregnant employees. [3]

B. Disparate Impact

In addition to her disparate treatment claim, Appellant alleges that Appellee’s policy of providing modified duty only to employees who are injured on the job has a disparate impact on pregnant employees. Establishing a prima facie case of disparate impact discrimination involves two steps. First, the plaintiff must identify the specific employment practice that allegedly has a disproportionate impact. See Armstrong v. Flowers Hosp., Inc., 33 F.3d 1308, 1314 (11th Cir.1994). Second, the plaintiff must demonstrate causation by offering statistical evidence sufficient to show that the challenged practice has resulted in prohibited discrimination. See id. If the plaintiff establishes a prima facie case, the employer can then respond with evidence that the challenged practice is both related to the position in question and consistent with business necessity. See Garcia v. Woman’s Hosp. of Texas, 97 F.3d 810, 813 (5th Cir.1996) (citing 42 U.S.C. § 2000e-2(k)(1)(A)(i)).

In this case, Appellant has established the first element of the prima facie case because she has identified Appellee’s modified duty policy as the employment practice that allegedly has a disproportionate impact on pregnant employees. Appellant, however, has failed to present statistical evidence to demonstrate that this policy in practice has a disproportionate impact on pregnant employees. In fact, Appellant contends that a statistical analysis is not needed because Appellee admits that its modified duty policy was the basis for refusing modified duty to Appellant.

As noted in Armstrong, Appellant must produce competent evidence showing that termination because of Appellee’s modified duty policy falls disproportionately on pregnant employees. See Armstrong, 33 F.3d at 1314. Appellant has failed to offer any evidence at all that Appellee’s modified duty policy results in a disproportionate termination of pregnant employees. For this reason, the district court was correct to conclude that Appellant had failed to establish a claim of disparate impact discrimination.

III. CONCLUSION

We conclude that Appellant has not established a prima facie case of either disparate treatment or disparate impact discrimination under the PDA. Accordingly, we affirm the district court’s grant of summary judgment in favor of Appellee.

AFFIRMED.

1

. Appellee reserves modified duly for employees with occupational injuries because there are only a limited number of light duty tasks available at any one time. If light duty were made available to all employees without regard to whether the injury was work-related, the light duty “positions” would be depleted and unavailable when needed by employees with workers’ compensation restrictions.

2

. Appellant has correctly noted that support for her argument can be found in Ensley-Gaines v. Runyon, 100 F.3d 1220 (6th Cir.1996). As in this case, Ensley-Gaines involved an employment policy which-provided limited duty only to employees who were injured on the job. See id. at 1222. The Sixth Circuit concluded that the proper comparison under the PDA was between pregnant employees and employees injured on the job, not between pregnant employees and employees injured off the job, as the Fifth Circuit later held in Urbano. See id. at 1226. Accordingly, the Sixth Circuit held that plaintiffs asserting a PDA claim need to demonstrate only that a non-pregnant employee similarly situated in his or her ability to work received more favorable benefits. See id. For the reasons stated above, however, we believe that the better position is that taken by the Fifth Circuit in Urbano.

3

. There is no evidence in the record indicating that Duran was actually permitted to avoid any of the lifting or pulling tasks required by the job. In addition, the record demonstrates that Duran was specifically told that Appellee did not provide light duty for people who were not injured on the job.