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. The amicus brief, written by NELA member Darold Killmer (CO) and Liana Orshan (CO), argues that the district court not only ignored the legal precedent of “sex plus” claims, but also failed to recognize the sociological impact that the intersection of sex and age have on older female workers. Contrary to the district court’s contention that the Plaintiffs failed to state a claim of sex discrimination because all women were not affected, courts regularly recognize “sex plus” claims as evidence of discrimination on the basis of sex
2019.06.06 Filed Amicus Brief Frappied v. Affinity Gaming.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
The EEOC ruled that transgender individuals are included under Title VII, which protects employees and applicants from being discriminated against based on sex. 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 Paycheck Fairness Act would go a long way toward eradicating the pay gap by placing the burden on employers to demonstrate that pay disparities are not sex-based, prohibiting retaliation against workers who voluntarily discuss or disclose their wages to others, and barring employers from using salary history in determining future pay so that pay discrimination does not follow women from job to job. NELA joined our Equal Pay allies for a Twitterstorm on April 4 to raise our voices in support of the Paycheck Fairness Act. Learn more about sex discrimination in compensation at NELA’s 2017 Annual Convention on June 21–24 at the San Antonio Marriott Rivercenter. Join your colleagues on Thursday, June 22, 2017 from 2:00–3:15 p.m. for the following presentation: Title VII & The Equal Pay Act: Dynamic Duo When Challenging Sex Discrimination In Compensation Moderator/Speaker: Deborah Marcuse Speakers: David Sanford & David E
Faced with similar factual scenarios, the Second Circuit and the Eleventh Circuit reached opposing conclusions on the question of whether discrimination based on sexual orientation is unlawful sex discrimination under Title VII
Bostock, Zarda, Harris - Amicus Brief of Impact Fund NELA Brief and Appendix.pdf
The district court found that the plan had breached its fiduciary duties of procedural prudence by removing and selling the stock without a proper investigation, but then found that because a hypothetical prudent fiduciary “could” have taken this same action, the plan was absolved of liability—this was a far more lenient standard than the “would” have taken standard that plaintiffs urged the court to use
NELAAmicusBrief_Tatum v RJ Reynolds Amici Brf final 6-4-13.pdf
This long-running case involves a challenge to systemic sex discrimination in pay and promotion opportunities under Title VII of the Civil Rights Act and the Equal Pay Act
Jock v. Sterling Jewelers_NWLC NELA Amicus Brief_031418.pdf
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...
The doctrines relied upon to support a finding of no discrimination and the grant of summary judgment were: (1) "same actor" (the decision maker who hired the employee later fired the employee); (2) "same group" (the decision maker is in the same protected group as the fired employee); (3) "token employee" (at least one employee in the protected group is not subject to the same action); and (4) "age differential" (an eight-year age difference between fired and retained employees is too small)
NELA Amicus Brief_Graves v. DBSI_Final.pdf
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 amicus brief argues that Congress validly abrogated state sovereign immunity for self-care claims in response to unconstitutional sex discrimination. In particular, we highlight the Congress' intent in adopting the FMLA self-care provision to address discrimination against women of child-bearing age by providing leave for pregnancy-related disability and recovery from childbirth
NELAAmicus_Coleman_09 27 11.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
These Protocols were developed over the course of eighteen months by a joint committee consisting of NELA members and members of the management bar. The project was supervised by Judge John G. Koeltl (S.D.N.Y.), and the final protocols were adopted by the Judicial Conference Advisory Committee...
Initial Discovery Protocols For Employment Cases_Nov 2011.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...
NELA Fact Sheet_Implementating The Initial Discovery Protocols_Feb 2012.pdf
On June 29, 2011, the Senate Judiciary Committee held a hearing entitled, "Barriers to Justice and Accountability: How the Supreme Court's Recent Rulings Will Affect Corporate Behavior." NELA submitted written testimony to the Committee on behalf of its membership and their clients. The...
NELA Testimony_Barriers to Justice Hearing_Final_062711.pdf
VISION + ACTION: Inside The Institute, a quarterly e-newsletter jointly published by NELA and The Institute. The Institute Responds To Landmark NLRB Ruling In D.R. Horton Case Protecting Workers' Access To Justice Limiting The Reach Of Wal-Mart : The Institute's FLSA Collective...
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
Veteran litigators Alicia K. Haynes, Yona Rozen & J. Bryan Wood present Lessons Learned At Trial: Dos & Don'ts For Handling "Hidden Bias" In Employment Claims. Our presenters will share their best practice tips on handling "hidden bias" in employment discrimination cases. Topics to be addressed...
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See matching library entry files - This panel will discuss the positive effects of ...