NELA

Empowering Workers' Rights Attorneys

Press Release

Press Release

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
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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
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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.

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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

NELA Commends New Workplace Harassment Legislation, The Bringing An End To Harassment By Enhancing Accountability And Rejecting Discrimination In The Workplace Act (BE HEARD Act)

FOR IMMEDIATE RELEASE
Contact: Laura Flegel
Legislative & Public Policy Director
(415) 296-7629
lflegel@nelahq.org

National Employment Lawyers Association Strongly Commends
New Workplace Harassment Legislation

(Washington, DC) – The National Employment Lawyers Association (NELA), the country’s largest professional organization of lawyers who represent individual employees in cases involving harassment and other disputes with their employers, applauds the far-reaching legislation introduced today by Senator Patty Murray (D-WA) and Representative Katherine Clark (D-MA). The Bringing An End To Harassment By Enhancing Accountability And Rejecting Discrimination In The Workplace Act (BE HEARD Act) is the most comprehensive bill to fight workplace harassment and discrimination this nation has ever seen.

The #MeToo movement has awakened America to the fact that what we previously understood about the prevalence of workplace harassment was just the tip of the iceberg. Because secrecy and silence fuel workplace harassment, this landmark bill ends forced arbitration and nondisclosure agreements that force survivors to keep silent about the abuse they have faced on the job.

The legislation also eliminates the tipped minimum wage, which has been shown to foster harassment—particularly of low wage workers. The BE HEARD Act will go a long way toward exposing and eliminating the harassment that so many

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The FAIR Act will open the courthouse doors and restore workers’ access to America’s civil justice system.

Contact: Terry O’Neill
Executive Director
(415) 296-7629
toneill@nelahq.org

Download Statement

The National Employment Lawyers Association Applauds Bill To Restore Access To America’s Civil Justice System

WASHINGTON, DC — The National Employment Lawyers Association (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) which will end the insidious corporate practice of forcing workers and consumers 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.

Terry O’Neill, NELA’s Executive Director, stated, “Forced arbitration is a system that was intentionally developed by corporate America to avoid accountability and circumvent laws that were enacted to protect working people. Workers who are forced to address disputes in private arbitration are denied fundamental fairness, due process, and transparency that are part of any court proceeding, while employers avoid public accountability.” O’Neill added, “Congress enacted … Read More

The Restoring Justice for Workers Act will open the courthouse doors and restore workers’ access to America’s civil justice system.

Contact: Terry O’Neill
Executive Director
(415) 296-7629
toneill@nelahq.org

Download Statement

NELA Applauds New Legislation To End Forced Arbitration In Employment

WASHINGTON, DC — The National Employment Lawyers Association (NELA) applauds Senators ____and Representatives Jerry Nadler (D-NY) and Hank Johnson (D-GA), and others TBD for introducing the Restoring Justice for Workers Act (RJWA) on date. Last year, in Epic Systems, Corp. v. Lewis, the U.S. Supreme Court made a grave error in upholding forced arbitration clauses that also prevent workers from joining together to litigate workplace mistreatment collectively. The Restoring Justice for Workers Act does exactly what its name says it does by banning forced arbitration of workplace disputes once and for all. The Restoring Justice for Workers Act will open the courthouse doors and restore workers’ access to America’s civil justice system.

NELA Executive Director Terry O’Neill stated, “Forced arbitration is a system that was intentionally developed by corporate America to avoid accountability and circumvent laws that were enacted to protect working people. Workers who are forced to address disputes in private arbitration are denied fundamental fairness, due process, and transparency that are part of any court proceeding, while employers avoid public accountability.” O’Neill added, “Congress enacted legislation to protect … Read More

Google Moves To End Forced Arbitration For Workers

Contact: Terry O’Neill
Executive Director
(415) 296-7629
toneill@nelahq.org

Download Statement

NELA & THE NELA Institute Issue Joint Statement Praising Google’s Move To End Forced Arbitration For Workers

Statement Of NELA Executive Director Terry O’Neill

WASHINGTON, DC — The National Employment Lawyers Association (NELA) and The Employee Rights Advocacy Institute For Law & Policy (The NELA Institute) strongly commends Google employees for their hard-fought, successful campaign to end forced arbitration in their workplace. We also praise Google for being responsive to their workers and committing to end its practice of forcing its employees to privately arbitrate employment disputes.

In response to the news, NELA & NELA Institute Executive Director Terry O’Neill stated, “With this announcement, Google has shown leadership in voluntarily ending a practice that is inherently unfair and serves only to obscure workplace wrongdoing. Unfortunately, this skewed system remains the standard practice among most of America’s top companies. We urge other industry leaders to follow suit by retracting their forced arbitration employment policies straightaway.

Moreover, given the demonstrable harm forced arbitration causes to individuals, we call on Congress to take direct action to reopen the courthouse doors for all workers and consumers by immediately passing legislation to end forced arbitration … Read More

NELA Applauds Introduction Of Empower Act

FOR IMMEDIATE RELEASE

Contact: Terry O’Neill, Executive Director
(415) 296-7629
toneill@nelahq.org

NELA Applauds Introduction Of EMPOWER Act

Statement of Terry O’Neill, Executive Director of the National Employment Lawyers Association

OAKLAND, Calif., June 5, 2018 – For over 30 years, NELA lawyers have stood up for employees—case by case, day in and day out—in the fight against sexual harassment and other forms of workplace discrimination. Today we are proud to support the Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act (“EMPOWER Act”), a bipartisan bill introduced by Senators Kamala Harris (D-CA) and Lisa Murkowski (R-AK).

Under this bill, employers would no longer be able to silence survivors of workplace harassment through mandatory nondisclosure and non-disparagement agreements, nor could they continue to write off their harassment-related legal bills as a mere “cost of doing business.” If enacted, the bill would also end the unfair tax penalty currently imposed on those who succeed in holding their employers accountable for unlawful harassment suffered at work.

The EMPOWER Act would establish a confidential tip line allowing the EEOC to gather and analyze nationwide data on workplace harassment. In addition, the bill would require publicly traded companies to disclose information about

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