The Bureau refused, however, to engage in the interactive process with Ms
Reagan Diaz v. Sessions_NELA AARP Amicus Brief_020918.pdf
On appeal, the Seventh Circuit Court of Appeals reversed, holding that the conciliation process undertaken by the EEOC is “not subject to judicial review.” In reaching that decision the Seventh Circuit found that “judicial review of the conciliation process would ‘undermine enforcement of Title VII’ by ‘protracting and complicating’ discrimination suits.”
” Specifically, the district court erred by: 1) finding that the Plaintiff’s accommodation request amounted to a request for indefinite leave, and was thus unreasonable as a matter of law, because she could not specify how long her impairment would last, and therefore guarantee that she would not need additional future leave; 2) imposing no obligation on the Defendant to engage in the ADA’s interactive process; and 3) focusing on her cancer’s duration rather than on its workplace impact
Punt v. Kelly Servs_10th Cir_NELA and NDRN Amicus Brief_040516.pdf
A claim is a legal process, and involving a lawyer is essential...Insurers have full-time attorneys who can tie claimants up in legal paperwork and other processes that few can handle alone as they lack the knowledge and experience
This amicus brief argues that the District Court incorrectly “faulted Plaintiffs for failing to allege, inter alia , that Northrop had a particular process in place for monitoring the Committee, failed to follow that process, [and] failed to ensure that the Committee had an adequate process in place for monitoring” the outside pension administrator
Final Amicus Brief - Bafford v. Northrop Grumman.pdf
Specifically, the district court erred by: 1) finding that the Plaintiff’s accommodation request amounted to a request for indefinite leave, and was thus unreasonable as a matter of law, because she could not specify how long her impairment would last, and therefore guarantee that she would not need additional future leave; 2) imposing no obligation on the Defendant to engage in the ADA’s interactive process; and 3) focusing on her cancer’s duration rather than on its workplace impact
It argued that the majority opinion may affect ADA cases because the majority relied on accommodation standards taken from the interactive process required by the ADA
Abercrombie-Amicus-Merits (14-12-10-final).pdf
The district court suggested this claim rested solely on the failure of Altarum “to engage in [the] interactive process,” and in so doing, ignored settled law that an employer’s failure to respond to accommodation requests is unjustified unless it is shown that no accommodation is possible
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
Workers' Rights In Jeopardy.pdf
NELA’s amicus also argues that imposition of this sanction has an undue chilling effect on civil rights advocacy, violates due process, and raises a concern about the unusually high incidence of controversial sanctions imposed by this particular trial court judge
NELA Amicus_Howe v Akron_04 23 2013.pdf
Save All Trade Secrets in the Best Way Possible The word trade secret typically refers to a process, technique, method, device, program, compilation, pattern, or formula whose value lies in its public anonymity
These so-called “mixed cases,” involving both disputed termination and unlawful discrimination claims and resting at the intersection of civil service and civil rights law, have produced, as Justice Kagan wrote, “a complicated, at times confusing, process for resolving claims of discrimination in the federal workplace.”
Congress explicitly recognized that employment decisions involve multiple motives, but a discriminatory “motivating factor” should never be tolerated and must be purged from the employment process. When the language of Title VII after the 1991 amendments is read in context with the Court’s broad protection of the right to be free from workplace retaliation and the legislative history of the Civil Rights Act of 1991, a fair reading compels the conclusion that the law is violated if an illegitimate motive is a “motivating factor” in an adverse employment decision
12-484 bsac National Employment Lawyers Association et al.pdf
In their meandering petition, the defendants challenged not only the district court’s decision on conditional certification in this case, but also the two-step process for certifying collective actions that is currently used in every federal circuit
In re Wells Fargo W & H Litigation_NELA Amicus_Final.pdf
Supreme Court are not available on this new website, but are available on the Department of Justice, Office of the Solicitor General's page: http://www.justice.gov/osg/briefs/index.html You can find more information about NELA's Amicus Program, including the request form needed to start the review process, on our website
Employees at a Tyson meat-processing facility brought Fair Labor Standards Act (FLSA) and Iowa Wage Payment Collection Law (IWPCL) claims seeking compensation for time spent walking to their worksites and donning and doffing protective equipment
Tyson v. Bouaphakeo_AARP, NELP, NELA Amicus Brief.pdf
This is precisely how the rulemaking process should work...As required by the rulemaking process, a six-month public comment period opened on August 15, 2013 and closed on February 18, 2014
1 Comment - no search term matches found in comments.
Supreme Court, urging the Court to rule that Title VII's administrative-exhaustion requirement is a waivable claim-processing rule and not a jurisdictional prerequisite to suit
NELA Amicus Brief Fort Bend County TX v Davis.pdf