Hochberg v. Lincare, Inc., Ninth Circuit Court of Appeals No. 08-35410 (view WELA’s brief)
Ms. Hochberg was demoted and eventually terminated after disclosing she was pregnant. She sued Lincare for pregnancy discrimination under state and federal law, and the district court in Spokane dismissed her claims on summary judgment. WELA argued that the trial court misapplied the burden-shifting analysis applied at summary judgment to discrimination claims. The Ninth Circuit affirmed in an unpublished decision stating that there was insufficient evidence to support the claim.