NELA

Empowering Workers' Rights Attorneys

Press Release

Press Release

NELA Applauds First Slate Of President Biden’s Judicial Nominations

Today President Biden announced the nomination of 11 judges to serve on the Federal Circuit and District Courts, as well as the Superior Court for the District of Columbia. The National Employment Lawyers Association (NELA) applauds the Administration’s commitment to nominating highly qualified judges who are fair-minded and come from diverse backgrounds. This slate of nominees includes four Black women, as well as four AAPI nominees. Several of these nominees have served as public defenders.  

This slate of nominees represents a critically important step toward long overdue diversity on the federal bench. Both common sense and research tell us that demographic and professional diversity on the bench are essential to ensure that workers have a fair shot at justice.

We call on the Senate to ensure swift confirmation of these nominees. And we will continue to urge the Biden Administration to bring to the Courts even more diversity—in all its forms—to be truly representative of our country’s working people.

President Biden Announces Intent to Nominate 11 Judicial Candidates

… Read More

Paul H. Tobias, NELA Founder, Passes Away

NELA and The Institute are profoundly saddened by the passing of our Founder and first Executive Director Paul H. Tobias. Today we lost a giant, not just in plaintiffs’ employment law, but in the profession as a whole.

Paul was a visionary with tremendous compassion for working people, and he, along with a few of his colleagues, conceptualized a nationwide network to support attorneys who advocate for workers. With a handshake and an encouraging word for everyone who joined the fight, Paul spread the Just Cause Conspiracy. More than three decades later, NELA is the largest plaintiffs’ employment bar in the country, with more than 2,000 members and 69 state and local affiliates.

Paul’s belief that great things can be accomplished through a spirit of collaboration and community will continue to serve as our guiding light. He captured people’s imagination about what the workers’ rights community could accomplish together if we shared our knowledge and resources. He leaves a legacy that drives us all to work harder for equity and justice in the workplace. For that, and for his kind and generous nature, he will be greatly missed.

We will be in touch with information on a celebration of … Read More

The National Employment Lawyers Association And The Employee Rights Advocacy Institute For Law & Policy Applaud Hearing On House Bill To Restore Access To America’s Civil Justice System

(Washington, DC) – The National Employment Lawyers Association (NELA) and The Employee Rights Advocacy Institute For Law & Policy (The Institute) applaud Representative Hank Johnson (D-GA) for introducing the Forced Arbitration Injustice Repeal Act (FAIR Act), which will end the insidious corporate practice of forcing workers and consumers to give up their rights by mandating them to address disputes in secret, one-sided arbitration proceedings.

The FAIR Act will open the courthouse doors and restore workers’ access to America’s civil justice system. Among other things, the FAIR Act will make it unlawful for employers to impose arbitration on workers, unless the worker knowingly and voluntarily agrees to arbitration after a dispute arises or pursuant to a collective bargaining agreement. Over 60 million working people in the U.S. are now subject to forced arbitration clauses which were designed to keep them from enforcing their legal rights.

“The unjust practice of forcing workers into arbitration must finally be dismantled,” Jeffrey A. Mittman, NELA Executive Director, said. “It strips vulnerable workers of the right to enforce laws that were designed to protect them when they are victims of illegal treatment in the workplace. Forced arbitration favors employers and coerces workers into losing either their … Read More

NELA And The Institute Statement On The Breach Of The U.S. Capitol

NELA and The Institute express our profound distress over this week’s insurrection in our nation’s capitol, in one of the most sacrosanct of buildings—the halls of Congress. Our staff members in DC are safe. We are in contact with our Metro DC-based NELA members and MWELA (NELA’s DC Affiliate) members to ensure their well-being. Many in our country are hurting right now, including our members, allies, and supporters. What happened during what should have been a peaceful transfer of power ranks among the most profound, unsettling events in American history.

Regardless of this brazen attempt to upend our democracy, our Senators and Representatives fulfilled their obligation to confirm Joe Biden’s election. The message delivered by voters at the ballot box was loud and clear, and their voices will not be silenced, by threat or by force. We now look forward to working with the Biden-Harris administration to achieve our mission of empowering workers’ rights attorneys, promoting a fair judiciary, and advocating for laws and policies that level the playing field for workers.

As a community, we will move past the event and redouble of our efforts to create workplaces that are equitable, diverse, and inclusive, and to protect those who … Read More

National Employment Lawyers Association And The Employee Rights Advocacy Institute For Law & Policy Appoint New Executive Director

Seasoned legal advocate and former workers’ rights attorney Jeffrey A. Mittman selected by unanimous board vote

Concord, Calif. – Dec 10, 2020 – After an extensive nationwide search, the National Employment Lawyers Association (NELA) and The Employee Rights Advocacy Institute For Law & Policy (The Institute) are pleased to announce the appointment of Jeffrey A. Mittman as the organizations’ incoming executive director, beginning January 4, 2021.

In this role, Mittman will lead NELA and The Institute in working toward the shared vision of 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.

This is a particularly critical time for workers and the attorneys who represent them against all manner of illegal treatment in the workplace, such as discrimination, harassment, wage theft, safety issues, and more. These issues have been magnified by the challenging, and frequently dangerous, circumstances arising from COVID-19. Congress has yet to pass a new stimulus package to aid those in desperate need of relief; instead of being laser focused on the American people, one of the hold-ups is how best to protect corporations from liability in COVID-related … Read More

The National Employment Lawyers Association Urges Senate Judiciary Committee To Reject Confirmation Of Amy Coney Barrett To Supreme Court

For Immediate Release
Contact: Andrea Hansen
(509) 306-1867
ahansen@flyingcrow.com

Barrett’s Record Clearly Shows Her To Be A Threat To The Working People Of This Country.

Washington, D.C. – October 15, 2020 – The National Employment Lawyers Association (NELA), the nation’s largest legal association whose members exclusively or primarily represent workers, strongly opposes the confirmation of Judge Amy Coney Barrett to the U.S. Supreme Court. The organization is urging the Senate Judiciary Committee to reject Barrett’s confirmation in what has been a desperate play to jam through another conservative judge to stack the deck against everyday Americans.

NELA conducted a comprehensive review of Barrett’s record as a circuit judge and found that she sided with corporations and employers over working people in more than 80 percent of employment-related cases. Barrett’s abysmal record includes cases in which she:

  • Concluded that a Black employee who was called the “N word” in his workplace had not established that he faced a hostile work environment.
  • Voted against rehearing a case that upheld a defendant’s practice of assigning employees to driving routes based on their race.
  • Ruled that the “disparate impact” provision of the Age Discrimination in Employment Act does not apply to job applicants, only
… Read More

NELA Opposes The Confirmation Of SCOTUS Nominee Judge Amy Coney Barrett

“Working people deserve better than Judge Barrett.”

NELA strongly opposes the appointment of Judge Amy Coney Barrett to the U.S. Supreme Court. NELA, along with a sizable majority of Americans polled, believes that there should be no confirmation of the Court’s next Justice until after inauguration day in 2021. Early voting in the November election is underway; this important decision should be left to the next president and Senate, after the people have spoken.

A comprehensive review of Judge Barrett’s record makes it abundantly clear that she is a threat to the working people of this country and the civil rights protections for which so many have fought.

Judge Barrett’s decisions reflect an utter failure to grasp the realities of the workplace for regular, everyday working people. She sided with corporations and employers over working people in 83 percent of the employment-related cases reviewed.

These are just a few examples of Judge Barrett’s disregard for worker protections:

Barrett Upholds Racial Discrimination
Barrett authored the opinion in Terry Smith v. Illinois Department of Transportation, concluding that a Black employee who was called the “N” word in his workplace had not established that he faced a hostile work environment.
Barrett Upholds
… Read More

NELA & The Institute Mourn The Passing Of Justice Ginsburg

NELA and The Employee Rights Advocacy Institute For Law & Policy are deeply saddened to learn of the passing of Supreme Court Justice Ruth Bader Ginsburg.

In her career as a litigator, Justice Ginsburg was a staunch advocate for gender equality, having broken numerous barriers throughout her career. As the second woman to serve on the High Court, she was a voice for many of the most vulnerable people in our society, and will continue to influence jurists far into the future. As Justice Elena Kagan observed, “She has changed the face of American anti-discrimination law.”

We mourn the loss of an icon and wish her family peace as they say goodbye to their loved one. Rest in peace, Justice Ginsberg. Thank you for sharing your wisdom with our nation and inspiring our continued commitment to justice.

… Read More

The National Employment Lawyers Association Calls On JAMS To Examine Past Cases For Bias

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

Arbitrator’s dissemination of racist content exposes the threat of concealed prejudice among “neutrals”

Washington, D.C. – September 8, 2020 – The National Employment Lawyers Association (NELA), the nation’s largest legal association whose members exclusively or primarily represent workers, and its related charitable arm The Employee Rights Advocacy Institute For Law & Policy, are urging JAMS, a private dispute resolution provider, to conduct a full assessment of all discrimination cases overseen by Judge Richard Neville. Neville recently distributed via email to 39 recipients a racist essay contending the inferiority of Black Americans. He has since left JAMS.

As a JAMS neutral (arbitrator), Neville decided case outcomes, including employment discrimination cases, many of which are before JAMS instead of a court due to forced arbitration clauses imposed by employers on their employees. Now his neutrality on previous cases, particularly those related to discrimination or involving people of color, must be called into question due to his legitimizing of discriminatory beliefs. Neville’s willingness to share racist rhetoric with colleagues, including another JAMS neutral, under his JAMS email signature also raises concerns about whether the culture at the organization ignores or harbors racism.

While NELA and … Read More

The National Employment Lawyers Association Denounces Changes To EEOC Dispute Resolution Programs

Unilaterally rolled out by EEOC Chair, “pilot” projects hinder employee rights in discrimination cases

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

Washington, D.C. – August 17, 2020 – The National Employment Lawyers Association (NELA), the nation’s largest legal association whose members exclusively or primarily represent workers, today urged EEOC Chair Janet Dhillon to discontinue two pilot programs that limit the rights of those who suffer from workplace discrimination, such as sexual harassment or race discrimination.

The impacted programs – conciliation and mediation – are forms of dispute resolution intended to encourage settlement rather than litigation. Despite the EEOC’s mission to prevent and remedy unlawful employment discrimination, the proposed changes favor employers by limiting investigation, potentially hiding systemic discrimination on the part of a particular employer or industry, and weakening the employee’s ability to obtain relief from the discrimination and fair monetary damages.

While labeled “pilot” projects, with respect to the conciliation program the modifications were implemented nationwide, a departure from typical EEOC protocol. The pilots were executed unilaterally by Dhillon, without input from the other EEOC commissioners on the bipartisan commission. With respect to the changes in the mediation program, there is no plan to increase the number of … 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