UNIVERSITY PARK, Pa. — On July 12, the United States Court of Appeals for the Ninth Circuit reversed the dismissal of Valerie Jeffords case, remanding it for trial to determine whether the employer, NAVEX Global Inc., violated the Americans with Disabilities Act. Jeffords sustained a traumatic brain injury in December of 2018 during a car accident, and as a result, needed to take medical leave to fully recover from the incident.

In late 2023, the Penn State Law in University Park Civil Rights Appellate Clinic — along with the Employment Law Group, a Washington, D.C.-based boutique litigation firm — filed merits briefs with the Ninth Circuit to appeal the district court’s dismissal of Jeffords' claims. On the basis of this briefing and subsequent oral argument, the Ninth Circuit reversed the lower court’s ruling and remanded the case for trial.

Along with Clinic Director and Professor of Law Michael Foreman, six third-year clinical students worked on the brief and its reply: Ian Cassity, Hannah Chapple, Alexandra Johnson, Ava McCartin, Mari Reott and Zachary Shepherd.

“Even before we received the court order, I felt passionately about Ms. Jeffords’ case and the work we did on her appeal,” said Chapple. “It feels incredible to know that the argument we spent weeks crafting was well received by the Ninth Circuit, and that they ultimately agreed with our position. I am proud of the work we’ve done and look forward to utilizing the skills I’ve learned to serve my future clients.”

Up to the point of the car accident in December 2018, by all accounts, Jeffords had been considered an exceptional employee with NAVEX and had been promoted to a senior vice president role in the company. Under the Family Medical Leave Act (FMLA), she was entitled to up to 12 weeks of protected leave to treat her serious medical condition; and under the Americans with Disabilities Act (ADA), she was entitled to reasonable accommodations to return to work. Jeffords began her FMLA leave in December of 2019, and was supposed to remain on FMLA leave until March of 2020. However, NAVEX terminated her employment in March of 2020. Jeffords then sued NAVEX for violating the FMLA and ADA.

The United States District Court for the District of Oregon granted summary judgment in favor of NAVEX, and that’s when the clinic got involved in the appeal to the Ninth Circuit, ultimately signing on as co-counsel with the opening brief, and finally completing a reply brief in early January.

"It is right and just that the Ninth Circuit came to this decision, reversed the district court, and has cleared the way for Ms. Jeffords to move forward with her ADA claim,” said McCartin. “I am proud of the work our clinic put into this matter, grateful for the opportunity to work on such important legal work while in school, and — most importantly —  thrilled that the court came to the right conclusion for Ms. Jeffords."

Foreman noted, “The clinic students were committed to winning Ms. Jeffords’ right to have her case heard by a jury, and this commitment showed in the endless hours they put into the research and briefing. This effort was recognized by the Ninth Circuit as it gave Valerie Jeffords her day in court.”