Ben Fraser and Cassidy Young Argue Disability Discrimination Case in Ninth Circuit Court of Appeals

Ben Fraser and Cassidy Young from the Pepperdine Caruso Law Ninth Circuit Appellate Advocacy Clinic argued on behalf of a former postal worker in a disability discrimination case in the Ninth Circuit Court of Appeals.  Ben and Cassidy represented Rosemary Garity in her appeal regarding discrimination, harassment, and retaliation from her union under the Americans with Disabilities Act. Ms. Garity was a postal worker in Pahrump, Nevada, and was a member of the American Postal Workers Union, both locally and nationally.

The appellate team argued virtually from the office of the appellate law firm Horvitz & Levy LLP in Burbank on November 20, 2020. The main point of their argument was that the district court erred in granting summary judgment against Ms. Garity because there were still triable issues of fact remaining on her disability discrimination, retaliation, and harassment claims. They also argued that the district court improperly dismissed the local union as a party from the case, which resulted in Ms. Garity losing the right to sue many of the members who wronged her.

Ben and Cassidy presented their argument before Judge Paez and Judge Owens of the Ninth Circuit, and Judge England of the Eastern District of California. The Ninth Circuit panel ultimately affirmed the lower court decision.

The Ninth Circuit Appellate Advocacy Clinic handles pro bono civil rights cases on referral from the Ninth Circuit Court of Appeals. Over the course of a year, teams of two clinic participants represent a client in every stage of a federal appeal by reviewing the appellate record, researching the legal issues, preparing the opening and reply briefs, and arguing the case before a panel of Ninth Circuit judges.