NELA

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Events

Harrassment

O’Neill v. University of Pennsylvania

On February 19, NELA, joined by the National Women’s Law Center, filed an amicus brief in the 3rd Circuit case O’Neill v. University of Pennsylvania. This important case addresses the proper standard to analyze employer responsibility for 3rd party harassment. In O’Neill, the Plaintiff was a junior academic employee who was required to interact with a student who repeatedly intimidated her and subjected her to unwanted romantic communications that caused her serious harm, eventually forcing her from her position.

The district court (in direct contradiction to the Supreme Court, 3rd circuit, and 9 other circuit precedents) adopted the new 6th Circuit intent-based standard from Bivens v. Zep, which held that plaintiffs must show intent on behalf of the employer in 3rd party harassment cases.

NELA’s brief examines the importance of holding employers to a negligence standard, the standard recognized by most circuit courts and the U.S. Supreme Court.  The brief argues that employers are best positioned to address the harassment of their employees once on notice, as they have the ability to prevent and remedy the work environment where the harassment occurs. Courts have repeatedly found that the negligence standard incentivizes employers to create proactive policies to … Read More

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Comments on the EEOC’s Proposed Enforcement Guidance for Harassment

Charlotte A. Burrows, Chair
U.S. Equal Employment Opportunity Commission
Washington, DC 20507

Submitted via regulations.gov

RE: RIN 3046–ZA02, Proposed Enforcement Guidance on Harassment in the Workplace

Dear Chair Burrows:

The National Employment Lawyers Association (“NELA”) submits these comments in support of the Equal Employment Opportunity Commission’s (“EEOC”) Proposed Enforcement Guidance on Harassment in the Workplace (“Proposed Guidance”).[1]

As an organization that aspires to 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, we are committed to reducing all forms of discrimination, in the workforce, including harassment. NELA is the largest professional membership organization in the country comprised of lawyers who represent employees in labor, employment, harassment, discrimination, wage and hour, and civil rights disputes. 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, including those facing harassment in the workplace. NELA has filed numerous amicus curiae briefs before the United States Supreme Court and other federal appellate courts … Read More

Cedar Point Nursery v. Hassid

On February 10, NELA and The Institute joined NELP in a Supreme Court amicus brief in Cedar Point Nursery v. Hassid. In Cedar Point, employers argued that their private property rights were infringed upon by the presence of third-party inspectors, labor organizers, and government enforcers. The brief argues that inspection by government and third-party experts is vital to holding employers accountable and enforcing vital workplace harassment laws, and in no way do these inspections constitute a per se taking. We are grateful to NELP for drafted this brief.… Read More

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Faith Bible Chapel v. Tucker

On January 19, NELA and The Institute signed on to an amicus brief drafted by The Institute For Constitutional Advocacy And Protection (ICAP) in the 10th Circuit case Faith Bible Chapel v. Tucker.  The brief argued that any expansion of the church autonomy doctrine as a defense in workplace harassment claims would eliminate employment protections for workers at religious institutions. We are grateful to ICAP for drafting this brief.… Read More

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NWLC NELA Amicus Brief_Parker v. Reema Consulting_4th Cir_053018

On Wednesday, May 30, 2018, NELA was proud to join with a coalition of women’s, employee, and civil rights groups led by the National Women’s Law Center (NWLC) in filing an amicus brief in support of the Plaintiff-Appellant Evangeline Parker in Parker v. Reema Consulting Services, Inc., pending currently in the U.S. Court of Appeals for the Fourth Circuit. In the course of rising in the ranks while working at the defendant firm, the Plaintiff was subjected to a false and repugnant rumor that her professional advancement was due to her having a sexual relationship with a male manager. The rumor’s spreading resulted in Ms. Parker facing harassment and discrimination, and when she tried to stop the rumor and complained about the harassment she was facing, the company retaliated against her and ultimately terminated her employment. The district court relied on a number of inappropriate grounds in dismissing her claims, including erroneously holding that the type of rumor to which she was subjected could not support a claim for gender discrimination because it could be made about either a male or female employee. The amicus brief marshals a wide array of legal and social science evidence in demonstrating that … Read More

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