DEIA Archives

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

On December 16, 2024, NELA filed an amicus brief with the U.S. Supreme Court in Ames v. Ohio Department of Youth Services. The question presented is whether, to survive summary judgment, employees of so-called “majority” groups must show “background circumstances” that the employer discriminates against the majority as an additional element of their prima facie case under McDonnell Douglas Corp. v. Green. Under the authorship of renowned Supreme Court practitioner Eric Schnapper, NELA took the opportunity to remind the Court that all workers, and not just majority workers, can be harmed by lower courts’ overly rigid application of the McDonnell Douglas at the summary judgment stage. NELA urged the Court to hold that while McDonnell Douglas can be a useful tool in some cases and that plaintiffs have the right to proceed under that framework if they so choose, employees do not need to establish a prima facie case at all to survive summary judgment. Rather, the question at summary judgment should be, as it is in all cases, whether there is a genuine issue of material fact that could allow a reasonable jury to find in the plaintiff’s favor. In crafting this brief, NELA weighed many competing interests, … Read More

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