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 MoreNELA Supports the Nomination of Jamal Whitehead to the U.S. District Court for the Western District of Washington
The Honorable Richard J. Durbin
Chair, Senate Judiciary Committee
U.S. Senator for the State of Illinois
The Honorable Charles Grassley
Ranking Member, Senate Judiciary Committee
U.S. Senator for the State of Iowa
Re: Confirmation of Jamal Whitehead to the United States District Court for the Western District of Washington
Dear Chair Durbin and Ranking Member Grassley,
On behalf of the National Employment Lawyers Association (NELA), and its 4,000 circuit, state, and local affiliate members across the country, we write to express our strongest possible endorsement of Jamal Whitehead to be confirmed as a District Court judge for the Western District of Washington—a court that, among other things, oversees federal action on workers’ rights.
NELA is the largest professional membership organization in the country comprised of lawyers who represent workers in labor, employment, and civil rights disputes. Founded in 1985, NELA advances employee rights and serves lawyers who advocate for equality and justice in the American workplace. Our members litigate daily in every federal district and circuit, affording NELA a unique perspective on how employment cases actually play out on the ground and an accurate understanding of the profound impact of the judiciary on the daily lives and the rights of … Read More
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.
… Read MoreHolder 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.
… Read MoreNELA Stands Against Dobbs’ Assault on Reproductive Justice
For immediate release
Concord, CA – June 24, 2022
Contact: Andrea Hansen, (509) 306-1867, ahansen@flyingcrow.com
Since the founding of the National Employment Lawyers Association (NELA) in 1985, and the National Institute for Workers’ Rights in 2008, our shared vision for working people has remained constant: a future in which all workers are treated with dignity and respect; workplaces are equitable, diverse, and inclusive; and the well-being of workers is a priority in business practices. Full civil rights and equality for women and people of color are essential to workplace equity.
As a result of the U.S. Supreme Court’s ruling today in Dobbs v. Jackson Women’s Health Organization, abortion services will become unavailable to millions of workers across the country. By permitting states to interfere in the private medical decisions of those who are pregnant, the economic security and physical safety of all women are now at risk. This risk will be disproportionately borne by low-income workers and families, and by women of color.
NELA lawyers represent workers in all fifty states and fight daily mistreatment by employers–including gender, race, and pregnancy discrimination, sexual harassment and assault, and denial of benefits.
Linda Correia, President of NELA and Institute board member stated: … Read More