NELA

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NELA Strongly Opposes Proposed Changes To EEOC Dispute Resolution Programs

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Janet Dhillon, Chair
U.S. Equal Employment Opportunity Commission
Washington, DC

Via Email

RE: EEOC Conciliation and ADR Pilot Programs

Dear Chair Dhillon:

The National Employment Lawyers Association (NELA) respectfully writes to urge you to discontinue the Conciliation Pilot Project initiated on May 29, 2020 and the Mediation Pilot Project initiated on July 6, 2020 and to abandon the proposed changes to both the Conciliation and the Mediation programs at the EEOC. The changes contained in these pilots have profoundly limiting impact on the rights of working people who seek redress for workplace discrimination.

NELA is the largest professional membership organization in the country comprised of lawyers who represent workers in labor, employment, wage and hour, and civil rights disputes. NELA empowers workers’ rights attorneys through legal training, promoting a fair judiciary, and advocating for laws and policies that level the playing field for workers. 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; provided comments on relevant Notices of Proposed Rulemaking (NPRMs) for federal agencies whose policies impact working people; and engages in legislative advocacy on behalf … Read More

U.S. Supreme Courts Sides With LGBTQ+ Workers

In Landmark Ruling, U.S. Supreme Court Finds LGBTQ Workers Are Protected Under Title VII

“An employer who fires an individual merely for being gay or transgender defies the law.”

The Supreme Court ruled today that an employer who discriminates against an individual on the basis of their sexual orientation or gender identity violates Title VII of the Civil Rights Act of 1964, a landmark decision for LGBTQ workers.

The majority opinion in the 6-3 decision in Bostock v. Clayton County, GA (consolidated with Zarda v. Altitude Express Inc. and Harris Funeral Homes v. EEOC), was authored by Justice Neil M. Gorsuch. He was joined by Chief Justice John G. Roberts Jr. and Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan.

The opinion was largely based on the text of Title VII. As the majority notes:

“In our time, few pieces of federal legislation rank in significance with the Civil Rights Act of 1964. There, in Title VII, Congress outlawed discrimination in the workplace on the basis of race, color, religion, sex, or national origin. Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. … Read More

NELA And The Institute Joint Statement On The Long Road To Racial Justice In This Country

National Employment Lawyers Association And The Employee Rights Advocacy Institute For Law & Policy Joint Statement On The Long Road To Racial Justice In This Country

NELA and The Institute express our profound outrage and sadness regarding the deaths of George Floyd, Breonna Taylor, Ahmaud Arbery, and so many others in this country who have lost their lives because of the color of their skin.

We can never accept brutality and inequity. As workers’ rights advocates, we see every day the insidious ways racism and bias strip people of their human rights, rights to equal pay, equal treatment, and even the right to feel safe at work. NELA and The Institute will never accept institutionalized exclusion and oppression of Black people; the results of this injustice are born out in pay disparities, poverty and unemployment levels, and health and health care disparities that have been exacerbated during the COVID-19 pandemic. We share the anger and sorrow of our communities. We share the responsibility and the labor for blazing a different trail, and recognize this as a call to an even greater commitment in our work and lives.

NELA and The Institute were founded to strengthen the legal system to better … Read More

NELA Files Comments On Proposed Federal Rules Changes For National Emergencies

TO: RulesCommittee_Secretary@ao.uscourts.gov

To the Members of the Advisory Committee:

Thank you for the opportunity to submit comments concerning possible rule amendments that could be helpful in future national emergencies. I write as the National Employment Lawyers Association’s liaison to the Advisory Committee. This letter contains NELA’s comments. We believe that adoption of these comments could, in general, improve cost and efficiency in discovery and certain court hearings. But, in particular, adoption of these comments would allow cases to continue forward even if the courts were closed due to a national emergency. These suggestions are meant to be neutral, i.e., their adoption should not result in giving advantages to one side.

Our procedure was to examine the existing language in certain rules and propose either new language or commentary. We begin with rules concerning discovery and continue with certain rules concerning hearings, oral arguments and bench trials.

I. Depositions and Subpoenas

Whether during an emergency or in the normal course, Rule 30 allows for depositions to be taken by telephone or video conference. Rules 28, 29 and other parts of Rule 30 should be interpreted to facilitate efficient, less costly and effective depositions by telephone or video conference.

Rule 28 sets

… Read More

NELA Opposes Nomination Of Cory Wilson To The United States Court Of Appeals For The Fifth Circuit

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Via Email

Re: National Employment Lawyers Association (NELA) Opposes Nomination of Cory Wilson to the United States Court of Appeals for the Fifth Circuit

Dear Chair Graham, Ranking Member Feinstein, and Members of the Senate Judiciary Committee:

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 strong opposition to the confirmation of Mississipi state court judge Cory Wilson to the United States Court of Appeals for the Fifth Circuit. 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 represent plaintiffs in employment cases in every circuit, including the Fifth Circuit to which Judge Wilson has been nominated. Our members and the thousands of clients they represent afford NELA a unique perspective on how judicial decisions impact the daily lives and the rights of working people.

At the outset, we wish to register our dismay that at this time, the Senate is moving forward with consideration … Read More

Opposes Nomination Of Justin Walker To The United States Court Of Appeals For The DC Circuit

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Via Email

Re: National Employment Lawyers Association (NELA) Opposes Nomination of Justin Walker to the United States Court of Appeals for the DC Circuit

Dear Chair Graham, Ranking Member Feinstein, and Members of the Senate Judiciary Committee:

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 strong opposition to the confirmation of Judge Justin Walker to the United States Court of Appeals for the DC Circuit. 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 represent plaintiffs in employment cases in every circuit, including the DC Circuit to which Judge Walker has been nominated. Our members and the thousands of clients they represent afford NELA a unique perspective on how judicial decisions impact the daily lives and the rights of working people.

At the outset, we wish to register our dismay that at this time, the Senate is moving forward with consideration of Mr. … Read More

Fair Act Introduced

NELA applauds the leadership of Senator Richard Blumenthal (D-CT) and Representatives Hank Johnson (D-GA) and Jerry Nadler (D-NY) in introducing the Forced Arbitration Injustice Repeal Act (FAIR Act)

… Read More

NELA Comments OPM Promotion and Internal Placement Proposed Rule

VIA VIA Electronic Submission on regulations.gov

Office of Personnel Management
1900 E Street, NW
Washington, DC 20415

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Re: Promotion and Internal Placement, OPM’s Proposed Rule with Request for Comments, RIN 3206-AN77, 84 Fed. Reg. 70,906-70-908 (Dec. 26, 2019)

To Whom It May Concern:

The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Office of Personnel Management’s (OPM) (Non-competitive) Promotion and Internal Placement Proposed Rule with Request for Comments, as published in the Federal Register at 84 Fed. Reg. 70,906-70,908 (Dec. 26, 2019).

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 employee 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 on … Read More

NELA Comments On DOL Religious Exemption For Faith-Based Employers Receiving Government Funds

VIA VIA Electronic Submission to WWW.Regulations.GOV

Mark Zelden
Director, Center for Faith & Opportunity Initiatives
U.S. Department of Labor
200 Constitution Avenue NW
Washington, DC 20210

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Re: Response to Proposed Rule 85 Fed.Reg. 2929-2938, RIN 1291-AA41 Docket No. DOL-2019-0006

Director Zeldon:

The National Employment Lawyers Association (NELA) respectfully submits the following comments in response to the Department of Labor’s (DOL or Department) Proposed Rule, published in the Federal Register on January 17, 2020, 85 Fed.Reg. 2929-2938, Docket No. DOL- 2019-0006.

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. NELA advances employee rights and serves 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 been illegally treated 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 on relevant Notices of Proposed Rulemaking (NPRMs). NELA also engages … Read More

NELA Comments On EEOC Proposed Rulemaking On Official Time For Federal Employees Acting As Labor Representatives

VIA Electronic Submission to www.regulations.gov

Bernadette B. Wilson
Executive Officer, Executive Secretariat
U.S. Equal Employment Opportunity Commission
131 M Street NE
Washington, DC 20507

Re: Response to Proposed Rule 84 Fed.Reg. 67,683-67,685, RIN 3046–AB00

To Whom It May Concern:

The National Employment Lawyers Association (NELA) respectfully submits the following comments in response to the Equal Employment Opportunity Commission’s (EEOC) Proposed Rule, published in the Federal Register on December 11, 2019, 84 Fed.Reg. 67,683-67,685.

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. NELA advances employee rights and serves 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 been illegally treated 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 on relevant Notices of Proposed Rulemaking (NPRMs). NELA also engages in legislative advocacy on behalf of workers throughout the … Read More