Green has changed over the years has not helped: it has gone from a four-part test to a seven-part one, where the pretext inquiry bounces back and forth between the plaintiff and defendant like a ping-pong ball. Judge Chin suggested that litigants focus on the issue of pretext, and that judges should help them do so by spending less time on the prima facie case
Further, the brief thoroughly demonstrates that the application of the “honest belief” defense is incompatible with the longstanding rules courts have used to determine whether a defendant’s proffered non-discriminatory reasons are in fact a pretext for unlawful behavior
Sharif v United Airlines_4th Cir_NELA MWELA Amicus Brief_Final_102615.pdf
Second, the court found insufficient evidence that the alleged misconduct was pretext. The definition of disability under the ADAAA is one of NELA’s current amicus priorities
Amicus Brief 03.03.14 Final.pdf
On August 3, 2016, NELA, joined by the Truckers Justice Center, Teamsters for a Democratic Union, and General Drivers, Warehousemen & Helpers Local No. 89, filed an amicus brief with the U.S. Department of Labor’s Administrative Review Board (ARB) in support of whistleblower...
Palmer_ARB_NELA Amicus Brief_080316.pdf
On January 26, 2017, NELA joined the ACLU Women’s Rights Project and approximately two dozen other civil rights and public interest groups in filing an amicus brief in the U.S. Court of Appeals for the Fifth Circuit on behalf of the Plaintiff-Appellant in Luke v. CPlace Forest Park SNF, LLC ....
Luke v. CPlace_5th Cir_Amicus Brief_Filed_012617.pdf
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 &ldquo...
Ponce Amiucs Brief_AARP MWELA NELA_Final_12-28-11.pdf
Summary of NELA’s Amicus Brief: The Supreme Court has repeatedly recognized that to effectively enforce Title VII’s substantive protections, Title VII’s antiretaliation provision must be broadly interpreted to ensure unfettered access to statutory remedial mechanisms. ...
12-484 bsac National Employment Lawyers Association et al.pdf
The National Employment Lawyers Association (NELA) published a report entitled, “Judicial Hostility To Workers’ Rights: The Case For Professional Diversity On The Federal Bench,” which targets another type of diversity that is equally as important and sorely lacking on the federal bench&...
NELA Report on Judicial Hostility To Workers Rights_Professional Diversity_Final.pdf
On July 21, 2014, NELA filed a motion for leave and submitted a proposed amicus curiae brief in Turner v. Inzer , Case No. 14-11357, pending in the U.S. Court of Appeals for the Eleventh Circuit. Defendant Inzer refused to consent to the filing of the amicus brief. The major issues on...
Turner amicus brief_07.23.2014_FINAL.pdf
On June 6, 2019 NELA and The NELA Institute filed an amicus brief in the United States Court of Appeals for the 10th Circuit (10th Cir. Case No. 0:19-cv-01063). NELA and The NELA Institute filed this brief in support of the Plaintiffs, challenging the district court decision that the...
2019.06.06 Filed Amicus Brief Frappied v. Affinity Gaming.pdf
On January 11, 2018, NELA joined a coalition of civil rights and gender equity groups in signing an amicus brief filed by the ACLU Women's Rights Project (WRP) and the Center for WorkLife Law (CWLL) in Legg et al. v. Ulster County (2d Cir.). This case concerns the appropriate interpretation...
Legg v. Ulster County_ACLU CWLL NELA Amicus Brief_2d Cir_011118.pdf
1 Comment - no search term matches found in comments.
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. ,...
Parker v. Reema Consulting_NWLC NELA Amici Brief_053018.pdf