On December 7, NELA joined Public Justice and six other civil rights organizations in filing an amicus brief in support of workers seeking to remove claims from arbitration under the 2021 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act). The brief stems from a suit filed by former employees of Everyrealm, alleging sexual harassment, disability discrimination, racial discrimination, and pay inequity. Defendants argued that only the sexual harassment claims were exempt from arbitration. The brief examines the plain language of the statute, arguing that “(I)n sum, the text and legislative history of the Act could not be clearer that, when a lawsuit “relates to” a “sexual assault dispute,” the entire “case” cannot be forced into arbitration. And the practical realities of workplace discrimination and litigation underscore why Congress made that choice. Therefore, to the extent the Court finds that Mr. Johnson’s and Ms. Yost’s cases each relate to a sexual harassment dispute, their claims cannot be separated, and the entire cases must be litigated in court if they elect to do so.” We are grateful to NELA members Shelby Leighton and Karla Gilbride at Public Justice for drafting the brief.
… Read MoreNELA Comments on Federal Sector Public Portal Issues at EEOC
Re: Notice of Proposed Rulemaking; RIN 3046-AB23; 87 Fed.Reg. 58469-58471 (September 27, 2022)
Dear Ms. Kahn:
The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Equal Employment Opportunity Commission’s Notice of Proposed Rulemaking, as published in the Federal Register at 87 Fed.Reg. 58469-58471 (September 27, 2022).
NELA is the largest professional membership organization in the country comprised of lawyers who represent employees in labor, employment, wage and hour, and civil rights disputes. Our mission is to advance worker’s rights and serve lawyers who advocate for equality and justice in the American workplace. NELA and its 69 circuit, state, and local affiliates have a membership of over 4,000 attorneys who are committed to working on behalf of those who have faced illegal treatment in the workplace. NELA has filed numerous amicus curiae briefs before the United States Supreme Court and other federal appellate courts regarding the proper interpretation of federal civil rights and worker protection laws and comments regularly on relevant proposed rules. NELA also engages in legislative advocacy on behalf of workers throughout the United States. A substantial number of NELA members’ clients are federal employees with discrimination complaints. NELA, therefore, has an interest in regulations … Read More
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.
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.
… Read MoreMuldrow 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.
… Read MoreMarble
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.
… Read MoreMarble
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.
… Read MoreJS 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.
… Read Moreemploystats
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.
… Read MoreA 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 More