The district court ruled in contradiction to longstanding jurisprudence, both in the Supreme Court and the circuits, who have long held that discrimination on the basis of sex plus an additional factor (“sex plus”) is discrimination on the basis of sex under Title VII
2019.06.06 Filed Amicus Brief Frappied v. Affinity Gaming.pdf
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
Ponce Amiucs Brief_AARP MWELA NELA_Final_12-28-11.pdf
The amicus brief, written by Impact Fund’s Lindsay Nako and David Nahmias, working in close collaboration with NELA members, focuses on the circuit split in the treatment of discrimination on the basis of sexual orientation. This is further confused by the existing consensus among the circuits regarding discrimination based on transgender status
Bostock, Zarda, Harris - Amicus Brief of Impact Fund NELA Brief and Appendix.pdf
The EEOC is the federal agency which is mandated by Congress to enforce many of the country’s anti-discrimination laws in the workplace. The report, Workers’ Rights In Jeopardy: EEOC’s Enforcement of Equal Employment Opportunity Laws Impeded By Inadequate Funding , reports on a national survey of the experiences NELA members face when vindicating their clients’ rights to be free from illegal employment discrimination. The survey was conducted between March 15 - April 2, 2007, in response to the many and on-going critiques by NELA members regarding the EEOC’s charge filing process. The survey finds pervasive resistance to the filing of employment discrimination charges by EEOC personnel as well as inadequate investigations conducted by the agency after charges are filed. #EEOC #Report #Discrimination #LegislativePublicPolicy
Workers' Rights In Jeopardy.pdf
Morrissey-Berru (19-348 & 19-267)) urging the court to strike a delicate balance between religious organizations’ First Amendment rights and the right for workers to be free from discrimination in the workplace. Both Biel and Morrissey-Berru arose after teachers at Catholic schools filed suit alleging discrimination when their contracts were not renewed. Both schools argued that the teachers were “ministers” as they served important religious functions in the course of their employment, and decisions surrounding their employment were therefore exempt from anti-discrimination statutes. The 9 th Circuit disagreed with this assessment, upholding the Hosanna-Tabor totality-of-the-circumstances test
19-267 Nela Amicus pdf FINAL.pdf
#Discrimination #Report
NELA Report Unprotected Rights May 1991_OCR.pdf
NELA developed this Fact Sheet to help NELA members and other workers' rights advocates understand the recently adopted Initial Discovery Protocols For Employment Discrimination Cases, as well as to provide background information on the development of the protocols, summarize the benefits provided by the Protocols, and suggest ways in which attorneys can help encourage the judges before whom they appear to adopt the Protocols. #AgeDiscrimination #RaceDiscrimination #SexDiscrimination #Discrimination #FederalRules #TitleVII
NELA Fact Sheet_Implementating The Initial Discovery Protocols_Feb 2012.pdf
NELA and The Institute joined the Leadership Conference on Civil and Human Rights and the National Women’s Law Center in signing on to this brief, which addresses the standard for federal sector employees to prove age discrimination in violation of the ADEA
Final Babb v. Wilkie Amicus Brief (9.25.2019).pdf
Department of Labor, for wrongful termination and discrimination. When the MSPB ruled against her on her termination claim but failed to address her discrimination claim, she brought suit in federal district court
), and the final protocols were adopted by the Judicial Conference Advisory Committee on Civil Rules in November 2011. #Discrimination #AgeDiscrimination #FederalRules #SexDiscrimination #TitleVII #RaceDiscrimination
Initial Discovery Protocols For Employment Cases_Nov 2011.pdf
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 such rumors are deployed against women specifically to undermine their professional advancement, and tend to harm female employees in ways they do not harm men, thereby making them a quintessential form of gender-based harassment and discrimination. The brief was drafted by colleagues from the NWLC and co-counsel from Boies Schiller Flexner LLP. #Amicus #4thCircuit #IqbalTwombly #Discrimination #Harassment #HostileWorkEnvironment #SexDiscrimination #SexualHarassment
Parker v. Reema Consulting_NWLC NELA Amici Brief_053018.pdf
Our presenters will share their best practice tips on handling "hidden bias" in employment discrimination cases. Topics to be addressed include preparing your client for trial, theme development, opening and closing statements, creating the record for an appeal, and more
4 attachments
See matching library entry files - Bias On A Grand Scale: Using Social Science in ...
Supreme Court Case Interpreting Supervisor Liability White House Delays Signing Of Executive Order Banning Contractors From LGBT Discrimination EEOC Commissioner Stuart J. Ishimaru Resigns National Equal Pay Day, April 17, 2012 Former NELA President Bruce Fredrickson Recovering At Home #JudicialNominations #Newsletter #ForcedArbitration #EEOC #DOL #Discrimination #FMLA #AFA #CJTFA #LegislativePublicPolicy
OTH_04_2012.pdf
: Summary Judgment, Iqbal And Employment Discrimination ." The symposium examined the high failure rates of plaintiffs on pre- and post-trial motions in employment discrimination cases and explored potential strategies to reverse this growing trend
§ 2000e-5(b), (f)(1) to conciliate discrimination claims before filing suit
13-1019 bsac Impact Fund.pdf
This article appeared in The Third Branch, the official newsletter of the federal judiciary. The article summarizes the recently adopted Initial Discovery Protocols For Employment Cases and includes commentary from Judge John G. Koeltl (S.D.N.Y.), who directed the committee that developed the...
The Third Branch_Employment Discovery Protocols Article_Feb 2012.pdf
The amicus brief supports the plaintiffs’ position on appeal that because the restrictions at issue constitute improper sex stereotyping that amount to unlawful gender discrimination, they are unlikely to satisfy the applicable constitutional scrutiny on the merits. The brief highlights the significant body of law confirming that targeting transgender people for their perceived gender non-conformity is sex stereotyping in violation of constitutional and statutory prohibitions on sex discrimination. H.B. 2 is no different. A broader injunction is thus warranted under the Equal Protection Clause to protect the right of all transgender people who live in or visit North Carolina to be free from sex discrimination in public spaces. While the discrimination at issue in this case extends beyond the workplace, joining this brief is consistent with the commitment NELA has made in our amicus priorities to “[a]rgue for broad interpretation of statutes and development of laws protecting workers on the basis of sexual orientation and gender identity,” as many transgender workers are not protected by the narrow injunction granted by the district court. In addition, the brief draws heavily from arguments regarding the intersection among gender identity, stereotyping, and sex discrimination that have been developed in employment cases
Supreme Court began Monday with an age discrimination case, with broad implications for civil rights enforcement under the Fourteenth Amendment to the Constitution
On June 5, 2012, the White House Office of the Press Secretary released President Obama's statement on the failure of the Paycheck Fairness Act (PFA) to earn the requisite 60 votes to proceed to final consideration in the Senate: "This afternoon, Senate Republicans refused to allow an up-or-down vote on the Paycheck Fairness Act, a commonsense piece of legislation that would strengthen the Equal Pay Act and give women more tools to fight pay discrimination..." The PFA would have barred companies from retaliating against workers who inquire about pay disparities and permit employees to sue for punitive damages if they find evidence of broad differences in compensation between male and female workers
where she represents plaintiffs in large scale class actions, including race and sex discrimination cases, and unpaid overtime cases under the Fair Labor Standards Act
The landmark ruling has ensured that under federal law, transgender individuals now have a legal recourse to file formal complaints against employers on the basis of sex discrimination. The magnitude of the EEOC’s decision cannot be overstated – LGBT individuals now have federal support and resources to fight for equality within the workplace
Davis amended her intake questionnaire, but not her charging document, to include religious discrimination. Ms. Davis proceeded to take all her claims to court and went all the way through the summary judgment phase, including her appeal to the 5th Circuit (which she won) and Fort Bend County's petition for cert
NELA Amicus Brief Fort Bend County TX v Davis.pdf
Court of Appeals for the Second Circuit to affirm the district court’s refusal to enforce an arbitration agreement containing a class action ban in an employment discrimination case involving Title VII pattern-or-practice discrimination claims
Parisi v Goldman Sachs_NELAAmiciCuriaeBrief_Final_070212.pdf
The issue in this age discrimination case is whether courts should grant summary judgment by relying on inferences that excuse all but the most egregious evidence of discrimination
NELA Amicus Brief_Graves v. DBSI_Final.pdf