NELA Amicus Briefs

ACLU CWLL NELA Amicus Brief_Legg v. Ulster County_2d Cir_011118 

01-15-2018 03:57 PM

On January 11, 2018, NELA joined a coalition of civil rights and gender equity groups in signing an amicus brief filed by the ACLU Women's Rights Project (WRP) and the Center for WorkLife Law (CWLL) in Legg et al. v. Ulster County (2d Cir.). This case concerns the appropriate interpretation and application of the Pregnancy Discrimination Act (PDA) in the wake of the U.S. Supreme Court's decision in Young v. UPS (2015), as applied in a case alleging that a particular policy has a disparate impact on pregnant employees (in this case, corrections officers). In arguing that the ruling of the district court should be reversed, the amicus brief highlights the central purpose of the PDA, as reaffirmed in Young, which is to assure that employers do not disadvantage pregnant workers as compared to their non-pregnant peers. Specifically, the brief challenges the lower court's holding requiring the plaintiff not only to demonstrate that the light duty policy in question had a disparate impact on pregnant workers, but also to further prove that all or most pregnant officers will require light duty to continue working. As the brief ably demonstrates, this ruling turns the applicable disparate impact analysis on its head, while also ignoring the fact that in male-dominated professions, such as corrections, there could never be sufficient numbers of female employees to make such a showing. The brief was drafted by NELA member Gillian Thomas and Lenora Lapidus from the ACLU-WRP, as well as Elizabeth Morris and Cynthia Thomas Calvert from the CWLL.
#Amicus
#Pregnancy
#2ndCircuit

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01-16-2018 04:15 PM

This brief, along with the amicus in Luke in the Fifth Circuit, are important contributions to insure that Young means what it says and that if employers grant accommodations for on the job injuries or for disabilities, they need to accommodate pregnant women,

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Comments

01-16-2018 04:15 PM

This brief, along with the amicus in Luke in the Fifth Circuit, are important contributions to insure that Young means what it says and that if employers grant accommodations for on the job injuries or for disabilities, they need to accommodate pregnant women,