Elaine L. Fitch
Kalijarvi, Chuzi, Newman & Fitch, PC
Washington, DC
Member Since 2000
Law School: University of California College of the Law, San Francisco (formerly UC Hastings)
What inspired you to practice plaintiffs’ employment law?
I grew up acutely aware of the stark disparities in how different groups of people—especially women—were treated, and those early experiences stayed with me. At UC Berkeley, while studying Business, I took a labor class that opened my eyes even further. The overwhelmingly pro-business, anti-employee views of many of my classmates were jarring, and they revealed just how deeply entrenched those attitudes were. Later, while pursuing a Master’s in Women’s Studies and working in the San Francisco DA’s Victim Assistance Unit, I saw firsthand how routinely women’s experiences were minimized or dismissed and how their rights were ignored. The combination was impossible to ignore. I went to law school because I wanted the tools to challenge these disparities. Practicing law became the way I could fight, directly and unapologetically, against the outrageous inequities suffered by so many.
Career-wise, what accomplishment are you most proud of?
In my lengthy career aiding many exceptional clients, one case emerges as both a testament to resilience and a complex legal battle. My client was a highly respected senior federal employee who suffered a grievous injury because of the agency’s actions. As a result, she requested an accommodation, which the agency denied. This denial resulted in a subsequent catastrophic injury, yet the agency still refused to accommodate her. During discovery, I deposed the first-line supervisor, who we believed was responsible for the accommodation denials; however, we were shocked to learn that it was, in fact, the agency’s attorney (the same one litigating the case) who was the decision maker. Based on this evidence, I filed a motion to depose the attorney and obtain all the documents previously withheld on the basis of attorney client privilege. My motion was granted, and the emails confirmed that the attorney was the individual responsible for denying my client an accommodation. Astonishingly, in the face of this incontrovertible evidence, during her deposition, the attorney maintained that the supervisor was the decision maker. As the case headed to hearing, this attorney continued to represent the agency even though she was identified as a witness. Consequently, I had to file a motion to disqualify her as counsel, which was also granted. On the first day of hearing, during my cross-examination of a top agency official, I caught her in a blatant lie, in a moment reminiscent of Perry Mason. At the end of the day, the Judge turned to the Agency and said she had not made any decision yet because she had not heard all the evidence, but she highly recommended the Agency contact their settlement official. The ensuing settlement was substantial: my client received several years of back pay, the maximum in compensatory damages, and full fees. My client was ecstatic, and though I could not help her reclaim her prior life, this provided a substantial foundation for recovery and eventually a new professional journey. It was truly an honor to help her, and we remain in touch to this day.
What advice do you have for law students or new lawyers interested in this area of law?
Employment law can be very litigation heavy; therefore, I encourage law students to take employment law classes, enroll in clinics that give them advocacy and litigation skills, and take moot court. Start gathering the skills to differentiate yourself from others and hit the ground running. I want to hire people that are passionate about employment law and civil rights, and I look for that on a resume. Volunteer! Here in DC, we have the Workers’ Rights Clinic, and I love seeing that on someone’s resume.
What does NELA membership mean to you? How has it impacted your career?
Knowing that you are surrounded and supported by like-minded people who are committed to vindicating workers’ rights is invaluable. The conferences constantly reenergize my commitment to this work and offer exceptional opportunities to learn from others. NELA is more than a professional organization—it’s a collective force that strengthens my advocacy, sharpens my skills, and reminds me that none of us fights these battles alone. I also love NELA’s programming to develop the skills of junior attorneys.
What’s your favorite way to spend a day off?
Playing tennis in the morning, going out to lunch with my husband, then having a pool party and BBQ with friends.