NELA

Empowering Workers' Rights Attorneys

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News

National Employment Lawyers Association Statement on the Supreme Court’s Unanimous Decision in Ames v. Ohio Department of Youth Services

Yesterday the U.S. Supreme Court ruled 9-0 in favor of the worker in Ames v. Ohio Department of Youth Services, holding that the “Sixth Circuit’s ‘background circumstances’ rule—which requires members of a majority group to satisfy a heightened evidentiary standard to prevail on a Title VII claim—cannot be squared with the text of Title VII or the Court’s precedents.” Along with the Biden Administration, NELA filed an amicus brief on behalf of the worker in Ames, authored by renowned Supreme Court practitioner Professor Eric Schnapper. In light of the expected unanimous result in favor of Ames and against the “background circumstances” test, NELA focused its brief on asking the Court to clarify that no workers should be subject to an overly rigid application of McDonnell Douglas at the summary judgment stage, a call that was endorsed by other civil rights organizations.

The Court spoke to the issue. While the holding was narrowly focused on the “background circumstances” test, both the majority and concurring opinions emphasized the importance of flexibility when courts apply McDonnell Douglas. Justice Jackson’s opinion for the majority noted: “The ‘background circumstances’ rule also ignores our instruction to avoid inflexible applications of McDonnell Douglas’s first prong. … Read More

Statement From The National Employment Lawyers Association And National Institute For Workers’ Rights On EEOC Acting Chair Lucas’ Letters To Law Firms

The National Employment Lawyers Association and the National Institute for Workers’ Rights are deeply troubled by Acting Chair Andrea Lucas’ recent letters to twenty law firms aimed at scrutinizing or undermining their attempts to prevent discrimination and promote opportunity. Acting Chair Lucas has no authority to send these letters and demand this information, as explained in the March 18 letter from former EEOC officials. The letters represent an alarming betrayal of the agency’s fundamental mission of eradicating workplace discrimination and promoting equitable employment practices.

Though NELA members are often on the other side of these law firms in cases, we stand by their side in defending their right—indeed, obligation—to ensure their workplaces are fair and free of bias. The legal profession has traditionally not been hospitable to women, people of color, and others who are underrepresented in occupations like law. Firms that are trying to change that should be lauded, not criticized.

Law firms play a pivotal role in shaping employment policies and guiding corporate America’s understanding and implementation of civil rights law. If the legal profession is dissuaded from trying to make their hiring and promotion practices fair and prevent discrimination, the downstream effect on countless organizations and industries … Read More

EEOC Policy Shifts Threaten Workplace Discrimination Safeguards

The National Employment Lawyers Association (NELA) is deeply concerned about recent developments that cast doubt on the Equal Employment Opportunity Commission’s (EEOC) ability to fulfill its mission to prevent and remedy unlawful employment discrimination. Any weakening of the EEOC’s enforcement of sex discrimination based on sexual orientation or gender identity undermines progress made towards a just workplace rooted in the principles of diversity, equity, inclusion, and accessibility, and leaves one of our nation’s most vulnerable populations at even greater risk of marginalization.

The recent changes by the EEOC, which include halting the processing of claims that allege discrimination based on sexual orientation or gender identity, rolling back guidance on gender identity discrimination, and removing gender identity related resources, disregard the Supreme Court’s 2020 landmark decision in Bostock v. Clayton County. This ruling explicitly recognized that Title VII protections include sexual orientation and gender identity, thereby codifying workplace protections for LGBTQIA+ individuals. The EEOC under Acting Chair Andrea Lucas is contradicting its own past rulings and the law.

NELA stands in unwavering support of LGBTQIA+ workers and will continue to empower workers’ rights advocates in their fight to protect the rights of these workers, and all workers who seek justice.… Read More

Administrative Coordinator (CA)

Join a dynamic team working at the forefront of the evolution and advancement of workers’ rights.  You will be key administrative support for colleagues supporting plaintiffs’ employment lawyers across the country, and you will be part of a vital team ensuring that NELA members have a great experience with the organization.

NELA and the Institute seek an experienced, detail-oriented, and organized self-starter as our Administrative Coordinator. The Administrative Coordinator (AC) is responsible for supporting administrative and programmatic activities of the organizations, and for crucial database functions and report generation. This position regularly interacts with NELA/Institute team members, and is the first and main point of contact for most public inquiries as well as inquiries/requests from NELA members, donors, event registrants, and National Institute for Workers’ Rights donors/constituents.

This is a full-time, non-exempt position that is roughly 75% remote and 25% in-person in our Concord, California office. The Administrative Coordinator reports to and is under the direct supervision of the Membership Director.

Compensation: Annual Salary $58,000 to $62,000 per year, depending on experience.

Generous Benefits Package including: Employer-Sponsored Medical, Vision & Dental Insurance; All Federal Holidays, Personal, Sick, and Family/Medical Leave; Pension Contribution and Employee Sponsored 401K; and annual Professional … Read More

Chicago Attorney M. Nieves Bolaños Elected President Of The National Employment Lawyers Association

Bolaños is the first Latina to serve as board president of 39-year-old organization

Concord, Calif. – July 26, 2024 – The Board of the National Employment Lawyers Association (NELA), the nation’s largest bar association whose members exclusively or primarily represent workers, has elected its officers for 2024-2025. The NELA Board is composed of 24 member attorneys from around the country. M. Nieves Bolaños, the first Latina to serve as NELA’s president, assumes the role from Carla D. Brown, the first Black woman leader of the organization. This transition represents a significant milestone for NELA, highlighting the importance of diverse representation in leadership roles within the organization and the legal community as a whole.

NELA Board:

President
M. Nieves Bolaños
Hawks Quindel, SC, Chicago, IL

First Vice President
Ben Lebsack
Lowrey Parady Lebsack, LLC, Denver, CO

Vice President of Diversity, Equity, Inclusion & Accessibility
Bryce W. Ashby
Donati Law, PLLC, Memphis, TN

Vice President of Affiliate Relations
Deborah H. Karpatkin
Law Office of Deborah H. Karpatkin, New York, NY

Immediate Past President
Carla D. Brown
Charlson Bredehoft Cohen Brown & Nadelhaft, P.C., Reston, VA

Secretary
Summer H. Murshid
Hawks Quindel, SC, Milwaukee WI

Treasurer
Christopher Houk
Houk Law Firm, PLLC, Tempe, … Read More

NELA Partners with Syllo to Provide Exclusive Member Pricing on a Game-Changing AI-Powered eDiscovery Litigation Platform

Syllo levels the playing field for workers’ rights advocates by allowing them to leverage AI tools previously accessible only to large firms.

NELA is thrilled to announce the launch of our partnership with Syllo, a pioneering AI-powered eDiscovery tool for litigators developed by plaintiffs’ employment lawyers. Syllo enables attorneys and paralegals to use AI to organize, understand, and litigate their matters faster and more efficiently.

The partnership is a direct result of NELA members’ request for and experience with advanced eDiscovery tools and technology to enhance their firms’ performance. As part of our mission to empower workers’ rights attorneys, we strive to provide members with benefits that make a meaningful difference in their practice, including building capacity, increasing productivity, and conserving resources.

Through this partnership, NELA members receive a significant cost savings on Syllo’s cutting-edge litigation technology with capabilities including:

  • Search and review eDiscovery, organize case files, and track deadlines.
  • Search productions for hot documents, develop chronologies of key events, and prove up your case
  • Access the NELA “Precedent Bank” with invaluable resources from your fellow NELA members.

NELA members receive 57% off on Syllo’s advanced AI tools. That means NELA membership is more than paid for in just … Read More

National Employment Lawyers Association Applauds The Equal Remedies Act Of 2024

The act would eliminate statutory damage caps and enhance protections for workers in discrimination cases

For Immediate Release
Contact: Andrea Hansen
509.306.1867
ahansen@flyingcrow.com

Concord, Calif. – May 8, 2024 – Today, in a significant milestone for workers’ rights, Representatives Suzanne Bonamici (D-OR), Bobby Scott (D-VA), and Senator Edward Markey (D-MA) introduced the Equal Remedies Act of 2024. The proposed legislation calls for the elimination of statutory damage caps for employment discrimination in civil rights cases, and would modernize the Age Discrimination in Employment Act (ADEA) to allow those who experience age discrimination to pursue compensatory and punitive damages.

The National Employment Lawyers Association (NELA) applauds Representatives Bonamici and Scott and Senator Markey on this important piece of legislation and strongly supports the bill to ensure workers have meaningful access to justice when they experience illegal treatment in the workplace. 

“Discrimination persists in the workplace for a lot of reasons, but these arbitrary caps that take away the jury’s role in deciding how employers who violate the law are held accountable are a significant factor,” said Linda Correia, immediate past president of NELA’s board of directors. “I have represented many workers who have been harmed by these caps and am grateful … Read More

NELA Statement on FTC’s New Rule Banning Non-Compete Clauses

The National Employment Lawyers Association (NELA) applauds the Federal Trade Commission’s (FTC) rule banning non-compete clauses, putting power back into the hands of workers to make decisions about where they work and what’s best for their families.

NELA members have been fighting coercive non-competes for their clients for decades and understand how these clauses stifle workers and limit their potential. NELA supports the FTC’s final rule, which bans new non-competes for all workers of for-profit companies and invalidates those companies’ existing non-competes, except for non-competes executed by “senior executives” before the FTC’s final rule takes effect. 

NELA submitted comments supporting the proposed ban in April 2023, when it was first proposed by the FTC. In voting on the final rule, FTC Chair Lina Khan and other Commissioners noted that non-competes exploit workers, prevent competition, and limit innovation. NELA is thrilled that the FTC’s ban will give workers freedom to leave abusive workplaces and to find better jobs.… Read More

Comments Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

Submitted via www.regulations.gov

Re:      National Employment Lawyers Association’s Comments

Regarding RIN 1235-AA39 – Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

Dear Ms. DeBisschop:

This letter provides the Department of Labor (DOL) with the collective comments of more than 1,500 members of the National Employment Lawyers Association (NELA) and its 69 affiliates concerning the proposed changes to the regulations applicable to executive, administrative, and professional employees (“the EAP exemption”) under the Fair Labor Standards Act (FLSA).

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 in both the public and private sector, including employer violations of federal wage and hour laws. NELA has filed numerous amicus curiae briefs before the United States Supreme Court and other federal appellate courts regarding the proper interpretation of … Read More

A Win for Workers: Karla Gilbride Confirmed as General Counsel to the EEOC

NELA celebrates the confirmation of Karla Gilbride as the Equal Employment Opportunity Commission’s (EEOC) General Counsel. Ms. Gilbride’s breadth of experience makes her well qualified to coordinate regional and field office litigation to maximize enforcement of federal employment anti-discrimination laws in harmony with the broader strategy of the agency.

The EEOC is the first defense for workers seeking justice when they have experienced discrimination, harassment, or other illegal treatment at their place of employment. In her hearing before the Senate HELP Committee, Ms. Gilbride’s responses demonstrated her deep knowledge of the issues for which the EEOC has responsibility and her strong commitment to the mission of the agency. For over 15 years, she has represented workers across industries, from migrant farmworkers to women in the finance industry to prison employees. She has represented many different clients, from many walks of life, but her mission has remained constant: to enforce workers’ rights to safe and equitable working conditions under the law.

Karla’s experience includes acting as Co-Director of Public Justice’s Access to Justice Project and serving as NELA’s Vice President of Public Policy. A NELA member since 2015, she has been instrumental in our efforts to end forced arbitration in employment … Read More

Harris v. FedEx

On July 21, NELA and the National Institute for Workers’ Rights, along with the Texas Employment Lawyers Association (TELA), filed an amicus brief in the 5th Circuit on behalf of the appellee in Harris v. FedEx. This case is FedEx’s appeal of a significant verdict against it under Section 1981 for retaliating against Ms. Harris when she complained about racial discrimination at work. Harris’ verdict was obtained by NELA members Brian P. Sanford and Elizabeth (B.B.) Sanford (The Sanford Firm, TX).

The amicus brief focused on FedEx’s claim that the court should have enforced the contractually-shortened statute of limitations contained in FedEx’s standard job application, which says that any claim needs to be brought within six months. Our brief argued that it was unreasonable to shorten Section 1981’s statute of limitations from four years, as specified in the statute, to just six months. In making this argument, we pointed both to Texas’ public policy interests in keeping access to courts generally and on contract claims specifically, and also explained that the practicalities of litigation and finding counsel meant that six months was far too short a time for prospective plaintiffs like Harris. Many thanks to NELA/TELA member Walt … Read More

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