At the end of their trip, a jazz festival and airline strike prevented the couple from returning home in time for Mr. Sharif to report back to work as required
Supreme Court and Courts of Appeals, the amicus brief systematically dismantles the legal and practical reasoning underlying the so-called “honest belief” defense. To accept a defendant’s professed “honest belief” that the reasons for taking an adverse action against an employee are correct, when presented with evidence that the asserted reasons are unworthy of credence, requires the court to draw a series of inferences regarding the weight of that evidence and the credibility of those presenting it, in favor of the non-moving party
Sharif v United Airlines_4th Cir_NELA MWELA Amicus Brief_Final_102615.pdf
Ct. 767 (2018) that the definition of “whistleblower” in Section 21F(a)(6) of the Exchange Act requires that an individual report a possible securities law violation to the Securities and Exchange Commission (“SEC”) to qualify for protection against retaliation
NELA and the Government Accountability Project (GAP) joined together in an amicus brief to support two whistleblowers who reported allegedly wrongful accounting and fee practices for certain Fidelity mutual funds in Lawson v
NELA's Legislative Report. In This Issue: Bill To Overturn Supreme Court's Decision In Gross v
OTH_03_2012.pdf
NELA's Monthly Legislative Report: In This Issue: Paycheck Fairness Act Dies A Partisan Death In The Senate, Advocates Look For Alternatives NELA Redoubles Lobbying Efforts On Garnering Republican Support For The Civil Rights Tax Relief Act Of 2011 Arbitration Fairness Act Shows Little Sign Of Traction This Congressional Session, CFPB Study Might Provoke Some Movement Senate Panel Passes Domestic Partner Benefits Measure For LGBT Partners Of Federal Employees Senate HELP Committee Slates Hearing For ENDA NELA Submits Comments To EEOC On The Withdrawal Of Its Proposed Revision Of The"Enforcement Guidance on Reasonable Accommodation And Undue Hardship Under the Americans with Disabilities Act (ADA)" DOL - OSHA Announces Intent To Establish Whistleblower Protection Advisory Committee Senators Casey And Pryor Introduce Bills To Ensure Workplace Protection For Servicemembers #DOL #ForcedArbitration #CJTFA #Newsletter #Whistleblower #EEOC #FederalEmployees #ADA #AFA #LegislativePublicPolicy #USERRA
OTH_06_2012.pdf
DeMasters, with Doe’s consent, contacted Carilion’s human resources (HR) department to report the harassment and initiate an investigation
In This Issue: LEGISLATIVE NEWS Raising Our Voices For Change: URGENT Reminder! NELA Needs Client Stories To Support Civil Rights Tax Relief Act & Arbitration Fairness Act NELA Endorses Tom Perez As Next Labor Secretary Senate Judiciary Committee Holds Hearing On D.C. Circuit...
In this issue: Raising Our Voices For Change: A Special Message From Julie Strandlie, NELA's Legislative & Public Policy Director Legislative News Senate Judiciary Committee Today Again Delays Vote On Circuit Court Nominees President Obama Today Nominates Two To Serve On The U.S....
In this issue: Legislative News Raising Our Voices For Change: NELA Seeks Client Stories To Support Civil Rights Tax Relief Act & Arbitration Fairness Act Senate Confirms Tenth Circuit Nominee Bacharach, More Circuit Votes Expected Senate Judiciary Committee Holds Nomination Hearings...
In this issue: Legislative News Raising OUR Voices For Change: Reminder! President Obama Nominates Tom Perez As Next Labor Secretary Harkin, Miller Introduce Fair Minimum Wage Act Of 2013, Take Steps To Enact D.C. Circuit Nominee Halligan Filibustered Again, Circuit Court Hearings...
NELA's Legislative Report. In This Issue: NELA's Judicial Nominations Program: Your Voice In The White House Meeting With Christopher Kang, White House Counsel, On NELA's Judicial Nominations Agenda> NELA Meets With Key Congressional Offices On Its Platform Legislative Issues NELA To Submit Comments To DOL Proposed Changes To FMLA Military Family Leave DOJ Employment Litigation Section Meeting To Discuss Potential U.S
OTH_04_2012.pdf
In This Issue: NELA Participates In White House Summit On Judicial Nominations EEOC Issues Enforcement Guidance on Arrest And Convictions Records; House Votes For Appropriations Amendment To Forbid Use of Commission's Funds To Implement ...
OTH_05_2012.pdf
NELA's Legislative Report. In This Issue: Forced Arbitration Almost Comes To Wall Street NELA Submits Comments On EEOC's Draft Strategic Plan For FY 2012-016 NELA Releases Report On "Judicial Hostility To Workers' Rights: The Case For Professional Diversity On The Federal Bench" NELA Representatives Participate In ABA Section Of Labor And Employment Law's Government Liaison Meeting NELA To Submit Comments To OFCCP On Proposed Revised Regulations Under Section 503 Of The Rehabilitation Act Of 1973 House Of Representatives Considers The Federal Consent Decree Act Matthew Kent To Join NELA As 2012 Peggy Browning Fellow #Newsletter #ForcedArbitration #LegislativePublicPolicy #OFCCP #EEOC #Report #JudicialNominations
OTH_02_2012.pdf
NELA's Legislative Report. In This Issue: New Year, Same Old Politics Franken Amendment Extended For 2012 Richard Renner, Former NELA Board Member, Submits Comments To DOL On Proposed Rules Under Dodd-Frank Act President Obama Makes Recess Appointments To Key Administration Posts D.R
OTH_01_2012.pdf
In describing the different functions and purposes served by the two statutes, our brief argues that 1) receiving benefits under FECA does not prevent a worker from receiving a salary for work actually performed; and 2) following FECA’s procedures does not obviate the requirement that a federal employer engage in a good-faith, interactive process with an employee seeking reasonable accommodation under the Rehabilitation Act
Reagan Diaz v. Sessions_NELA AARP Amicus Brief_020918.pdf
Court of Appeals for the Fourth Circuit in support of plaintiff DeMasters who was wrongfully terminated in retaliation for using established internal complaint mechanisms to notify Carilion Clinic about the sexual harassment of a co-worker by a supervisor. The court in the Western District of Virginia granted Carilion’s Rule 12(b)(6) motion to dismiss, holding that DeMasters failed to state a plausible claim of retaliation under Title VII because he did not produce sufficient facts to establish that he engaged in a protected activity
DeMasters v. Carilion Clinic_NELA Amicus Brief.pdf
In its amicus brief, NELA argued that the decision below was inconsistent with prior MSPB caselaw which held that the WPA prohibited retaliation against applicants for federal employment even if the victim had not yet applied for federal service at the time of their protected conduct, a line of cases consistent with Congressional intent in construing whistleblower protections broadly in favor of coverage. The amicus brief noted that the decision below contradicted MSPB precedent protecting individuals perceived by management to be whistleblowers from retaliation based on that belief, whether or not the individual had actually engaged in protected conduct
The Employee Rights Advocacy Institute For Law & Policy Toolkit Paper: Preserving The Right To A Jury Trial By Preventing Adverse Credibility Inferences At Summary Judgment examines three pernicious ways in which courts make determinations about the credibility of witnesses at summary judgment (a task more appropriately left to the jury): discrediting the testimony of the plaintiff’s witnesses as “self-serving,” accepting unchallenged the defendant’s “honest belief” that they did not discriminate, and deferring to a defendant’s “business judgment.”
In his issue brief, Barry analyzes the common law doctrine of employment at will -- under which many employees may be fired for a good reason, a bad reason, or no reason at all -- and urges consideration of an alternative approach, under which an employee may be discharged only for "just cause." Noting that one of the arguments against the just cause approach is that it allegedly leads to higher unemployment and lower job growth rates, Barry has examined data in the one state in the U.S. that has adopted the just cause standard, Montana, and reports that in Montana, the data do not support this argument
Fannie Mae, articulated the correct contributing factor causation standard for retaliation claims brought under certain whistleblower statutes
NELA amici-curiae-brief Powers v Union Pacific_ARB 13-034.pdf