NELA

Empowering Workers' Rights Attorneys

Pedro Valverde

Do You Unknowingly Use Ableist Language?

NELA recently adopted a new Acceptable Use Policy governing the use of the NELA Exchange resources, like the Open Forum. One goal in adopting that new policy was to foster a more inclusive and welcoming environment on The NELA Exchange. Part of the new policy prohibits the use of slurs or epithets in posts, including in quotations and attachments. Members can share resources and cases quoting slurs and epithets off the Open Forum via direct emails. But because reading and hearing those slurs upsets, harms, and offends people, NELA chose to prohibit using those slurs and epithets on The Exchange.
 
Many of those slurs and epithets are obvious, some call them by their first letters. Those words can be shocking to hear. The community agrees that several words are slurs and epithets that should not be used. We recognize or feel the harm those words can cause and do not use them. 
 
But other words that hurt people lurk in the open. Many of us use them frequently. Pejorative terms for disabilities, particularly related to mental health, come up almost daily on the Open Forum, often negatively to express disagreement with opposing counsel’s position or a judge’s ruling.
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Boyer v. United States

On September 30, NELA signed on to the National Women’s Law Center amicus brief in Boyer v. United States, in the United States Court of Appeals for the Federal Circuit. The lawsuit was brought under the Equal Pay Act by Dr. Leslie Boyer, a clinical pharmacist at the Department of Veterans Affairs (VA) who was paid less than her male colleague for the same job, even though she had seven years more experience. The VA admitted that they paid Dr. Boyer less because it was based on her salary history. The amicus brief explains that relying on salary history is not a legitimate justification for unequal pay, as it merely perpetuates systemic underpayment of women – particularly women of color. We are grateful to NWLC for the opportunity to sign on to this important brief.

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Muldrow v. City of St. Louis

On September 30, NELA filed an amicus brief in Muldrow v. City of St. Louis, urging the Supreme Court to grant the petition for cert in this appeal from the 8th Circuit.  In this case, Petitioner asks the Court to resolve the question of whether non-economic harms (including granting or denying lateral transfers) constitute discrimination in “terms, conditions, or privileges of employment” under the text of Title VII.  NELA’s brief argues that the 8th Circuit’s atextual standard creates an impermissible barrier to the adjudication of meritorious discrimination claims and the Court should reject the economic tangible harm requirements. The brief also explains the current social science research which illustrates that non-economic aspects of the terms, conditions or privileges of employment are as critical to employees as wages and salaries.  NELA is grateful to NELA Members Carolyn L. Wheeler, Katz Banks Kumin LLP (DC) and Stephen B. Pershing, Pershing Law PLLC (DC) for drafting this brief.

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Marble

The National Women’s Law Center (NWLC) fights for gender justice—in the courts, in public policy, and in our society—working across the issues that are central to the lives of women and girls. NWLC uses the law in all its forms to change culture and drive solutions to the gender inequity that shapes our society and to break down the barriers that harm all of us—especially those who face multiple forms of discrimination, including women of color, LGBTQIA+ people, and low-income women and families. For 50 years, NWLC has been on the leading edge of every major legal and policy victory for women.

nwlc.org/

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Marble

We make it easier for people to hire the right lawyer by breaking down economic barriers that have existed for decades. By combining passionate attorneys with cutting-edge technology and flexible payment options, we’ve helped thousands of people move forward.

www.themarbleway.com

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JS Held

J.S. Held is a global consulting firm providing technical, scientific, and financial expertise across all assets and value at risk. Our professionals serve as trusted advisors to organizations facing high-stakes events demanding urgent attention, staunch integrity, clear-cut analysis, and an understanding of both tangible and intangible assets.

jsheld.com

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employstats

EmployStats is a research firm providing economic and statistical research on a range of topics for the legal, business, and governmental communities. We work with our clients in class actions, multiple plaintiff, and single plaintiff employment lawsuits involving wage and hour, economic damages, and employment issues.

employstats.com

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A Fair Judiciary Includes All Court Personnel, Law Clerks Included

As the end of summer is bringing new classes of law clerks to federal judicial chambers across the country, NELA’s Diversity, Equity & Inclusion (DEI) Committee is looking with renewed focus to the processes by which these much-sought-after positions are awarded. In particular, the Committee has been monitoring the case of Crystal Clanton, current clerk to Judge Corey Maze (N.D. Ala.) and soon-to-be clerk to Judge William Pryor (11th Circuit). As was reported in a 2017 New Yorker article, Ms. Clanton purportedly sent a colleague a text saying, “I hate Black people,” among other allegedly racist comments, while working as the conservative student group Turning Point USA’s national field director. Ms. Clanton has stated she does not recall making the statements.

The U.S. Judicial Conference’s Committee on Judicial Conduct and Disability has re-opened an inquiry into the judges’ respective hiring of Ms. Clanton, after the 2nd Circuit Judicial Council decided in January of this year to uphold the decision of Chief 2nd Circuit Judge Debra Ann Livingston that there was insufficient evidence of misconduct in Ms. Clanton’s hiring by either judge. The continued concerns surrounding Ms. Clanton’s hiring stem in large part from the fact that no transparent policies … Read More

NELA Endorses Karla Gilbride for General Counsel of the U.S. Equal Employment Opportunity Commission

The Honorable Patty Murray, Chair
Committee on Health, Education, Labor & Pensions
428 Senate Dirksen Office Building
United States Senate
Washington, DC 20510

The Honorable Richard Burr, Ranking Member
Committee on Health, Education, Labor & Pensions
428 Senate Dirksen Office Building United States Senate
Washington, DC 20510

Re: National Employment Lawyers Association Endorsement of Karla Gilbride for General Counsel of the U.S. Equal Employment Opportunity Commission

Dear Chair Murray and Ranking Member Burr:

The National Employment Lawyers Association (NELA) writes to express our strong support for the nomination of Karla Gilbride to serve as General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC). Ms. Gilbride has dedicated her career to ensuring equal access to justice under the law, and she has an exceptional record as a litigator and advocate for workers, which she would bring to bear as General Counsel at EEOC.

Since 1985, NELA has been the premier professional membership organization for lawyers that represent workers in labor, employment, and civil rights disputes. NELA members litigate in every federal district and circuit, advocating for equality and justice for workers across the country. NELA members routinely work with the EEOC to enforce anti-discrimination law and protect the rights of … Read More

NELA Joins 90+ Other Organizations In Supporting Kalpana Kotagal’s Nomination to the EEOC

On Tuesday, September 7, NELA joined a coalition of 90+ organizations in supporting Kalpana Kotagal’s nomination to the Equal Employment Opportunity Commission (EEOC). Ms. Kotagal’s lifetime commitment to civil rights and equal justice as well as her creativity and leadership will benefit the EEOC and workers across the country. NELA endorses Ms. Kotagal and, along with our coalition partners, strongly urges the Senate to confirm her to serve on this commission.

Read the letter.

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Bille, et al v. Coverall North America, Inc.

On September 7, 2022, NELA joined NELP in filing an amicus brief in the 2nd Circuit case Bille, et al  v. Coverall North America, Inc. This brief addresses the serious harms of forcing arbitration on low-wage workers and urges the 2nd Circuit to ensure that workers can return to court in the event that unscrupulous employers attempt to exploit the arbitration system. In this case, employer Coverall attempted to bypass earlier commitments to cover the costs of arbitration and when the arbitration was closed because of default, contested the district court decision to lift the stay on litigation. As the brief concludes, “Although the district court went farther than it should have in trying to preserve arbitration in this case, it reached the right result–Coverall waived its right to arbitrate by abusing the system, and when its insistence on forcing Reeves to pay led to AAA closing the case, arbitration was ‘had.’ ” NELA is grateful to Richard J. Burch, Brucker Burch PLLC (TX) and NELA Member Michael Scimone, Outten & Golden (NY) for taking the lead on the brief, and Michael T. Anderson, Murphy Anderson PLLC (MA) and Catherine K. Ruckelshaus (NELP) for their invaluable support.

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Holder v. A&L Homecare

On June 29, 2022, NELA filed an amicus brief in Holder v. A&L Homecare (22-3101), urging the 6th Circuit to maintain a 2-step FLSA certification process. This case addresses A&L Homecare’s attempt to avoid an FLSA collective action by arguing in favor of the much more restrictive process adopted in the 5th Circuit Swales decision.  The brief addressed the history of collective actions and why courts across the country (including in the 6th Circuit) have rejected Swales. As the brief states, “It is often said that experience is the best teacher. Experience shows that the two-step method is a reliable tool for handling FLSA collective actions. As virtually every Circuit Court has done, this Court should affirm its use.” NELA is grateful to NELA Members Clif Alexander and Lauren Braddy, Anderson Alexander PLLC (TX), Richard Burch, Brucker Burch PLLC (TX), NELA Member Sarah Schalman-Bergen and Olena Savytska, Lichten & Liss-Riordan, P.C. (MA) for drafting the amicus brief.

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