NELA

Empowering Workers' Rights Attorneys

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Federal Employees

EEOC Policy Shifts Threaten Workplace Discrimination Safeguards

The National Employment Lawyers Association (NELA) is deeply concerned about recent developments that cast doubt on the Equal Employment Opportunity Commission’s (EEOC) ability to fulfill its mission to prevent and remedy unlawful employment discrimination. Any weakening of the EEOC’s enforcement of sex discrimination based on sexual orientation or gender identity undermines progress made towards a just workplace rooted in the principles of diversity, equity, inclusion, and accessibility, and leaves one of our nation’s most vulnerable populations at even greater risk of marginalization.

The recent changes by the EEOC, which include halting the processing of claims that allege discrimination based on sexual orientation or gender identity, rolling back guidance on gender identity discrimination, and removing gender identity related resources, disregard the Supreme Court’s 2020 landmark decision in Bostock v. Clayton County. This ruling explicitly recognized that Title VII protections include sexual orientation and gender identity, thereby codifying workplace protections for LGBTQIA+ individuals. The EEOC under Acting Chair Andrea Lucas is contradicting its own past rulings and the law.

NELA stands in unwavering support of LGBTQIA+ workers and will continue to empower workers’ rights advocates in their fight to protect the rights of these workers, and all workers who seek justice.… Read More

Comments Concerning the Office of Personnel Management (OPM)’s Proposed Rule Upholding Civil Service Protections and Merit System Principles

Submitted via www.regulations.gov

Timothy Curry
Deputy Associate Director, Accountability and Workforce Relations
U.S. Office of Personnel Management

Re: Proposed Rule; RIN 3206-AO56; 88 Fed.Reg. 63,862-63,885 (September 18, 2023)

Dear Deputy Associate Director Curry:

The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Office of Personnel Management (OPM)’s Proposed Rule with Request for Comments, as published in the Federal Register at 88 Fed.Reg. 63,862-63,885 (September 18, 2023).

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 worker’s 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 in both the public and private sector. 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 regularly on relevant proposed rules. NELA also engages in legislative advocacy on … Read More

Comments on OPM Proposed Rule on Recruitment and Selection Through Competitive Examination, and Employment in the Excepted Service

Submitted via www.regulations.gov

Kimberly A. Holden
Deputy Associate Director for Talent Acquisition, Classification, and Veterans Programs
U.S. Office of Personnel Management

Re: Proposed Rule with Request for Comments; RIN 3206-AN80; 88 Fed.Reg. 47059-47068 (July 21, 2023)

Dear Deputy Associate Director Holden:

The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Office of Personnel Management’s (OPM) Proposed Rule with Request for Comments, as published in the Federal Register at 88 Fed.Reg. 88 Fed.Reg. 47059-47068 (July 21, 2023).

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 in both the public and private sector. Our mission is to advance worker’s 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 regularly on … Read More

Comments on the OPM’s Proposed Rule on Advancing Pay Equity in Governmentwide Pay Systems

Submitted via www.regulations.gov

Carey Jones
Lead HR Specialist
U.S. Office of Personnel Management

Re: Proposed Rule with Request for Comments; RIN 3206-AO39; 88 Fed.Reg. 30251-30262 (May 11, 2023)

Dear Lead HR Specialist Jones:

The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Office of Personnel Management’s (OPM) Proposed Rule with Request for  Comments, as published in the Federal Register at 88 Fed.Reg. 30251-30262 (May 11, 2023).

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 worker’s 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 regularly on relevant proposed rules. NELA also engages in legislative advocacy on behalf of workers throughout the United States. … Read More

Comments on Department of Justice Proposed Rule on Whistleblower Protection for Federal Bureau of Investigation Employees

Submitted via www.regulations.gov

Morton J. Posner
General Counsel
Justice Management Division
U.S. Department of Justice

Re: Notice of Proposed Rulemaking; RIN 1105-AB47; 88 Fed.Reg. 18487-18496 (March 29, 2023)

Dear Mr. Posner:

The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Department of Justice’s Notice of Proposed Rulemaking, as published in the Federal Register at 88 Fed.Reg. 18487-18496 (March 29, 2023).

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 workers’ 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 regularly on relevant proposed rules. NELA also engages in legislative advocacy on behalf of workers throughout the United States. A substantial number of NELA members’ … Read More

NELA Practice Group Meeting: Federal Employee Practice

Join your colleagues from around the country for our Practice Group meetings. NELA’s Practice Groups provide opportunities for members in specific practice areas to network, seek advice, and discuss issues of mutual concern. Meetings are open to any NELA member with an interest in the subject matter area. There is no charge to attend.

RSVP

NELA Amicus Brief: Ponce v. Billington (DC Circuit)

On December 28, 2011, NELA, along with AARP and the Metropolitan Washington Employment Lawyers Association, urged the U.S. Court of Appeals for the District of Columbia to reject a district court decision requiring the plaintiff (a federal employee) to prove that discrimination was the “sole reason” for his non-selection. In Ponce v. Billington, plaintiff Jorge Ponce, a male, Hispanic, Cuban-American, alleged that in 2006 he was not selected for a senior position with the Library of Congress, a federal agency, because of sex, race, and national origin discrimination in violation of Title VII. After a four-day trial, the district court instructed the jury that it could find in favor of the plaintiff only if he proved that discrimination was the “sole reason” for the challenged employment decision. So instructed, the jury found against Ponce. In its order denying Ponce’s motion for a new trial, the district court explained that it had “determined that this matter was pleaded as a single-motive discrimination claim” and instructed “accordingly,” holding that Ginger v. District of Columbia, 527 F.3d 1340 (D.C. Cir. 2008), compelled this jury instruction.

NELA’s amicus brief argued that while there is some variation in wording among statutes and different … Read More

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