On January 26, 2017, NELA joined the ACLU Women’s Rights Project and approximately two dozen other civil rights and public interest groups in filing an amicus brief in the U.S. Court of Appeals for the Fifth Circuit on behalf of the Plaintiff-Appellant in Luke v. CPlace Forest Park SNF, LLC. This case involves an appeal of a decision granting summary judgment against Eryon Luke, who was denied an accommodation of her lifting restriction during her pregnancy.
The brief argues that the district court made a number of errors in applying the standards established by the U.S. Supreme Court’s 2015 decision in Young v. United Parcel Service, Inc., and concluded that Ms. Luke had not presented a prima facie case of pregnancy discrimination, which Young held should not be an “onerous” standard. Given that only a handful of federal courts–including just two Courts of Appeals–have issued decisions interpreting Young, and given the disparate outcomes in those cases, it is critical to achieve appellate rulings that read Young’s liability standards expansively.
The brief was drafted by NELA member Gillian Thomas of the ACLU Women’s Rights Project, along with colleagues from the ACLU of Louisiana, A Better Balance, and the UC Hastings Center for WorkLife Law.