The American legal system, with its complex structure of federal and state laws, relies heavily on the expertise of lawyers who serve as both advisors and advocates. Among these legal professionals, African American employment attorneys play a critical role in ensuring justice and equality in the workplace. This article explores the qualifications, experiences, and impact of these dedicated individuals.
Educational Background and Essential Skills
Aspiring employment attorneys typically begin with a strong educational foundation. One example is McDonald, who double majored in political science and African and African-American studies before earning her Master of Public Administration (MPA). During her first year, she took an African and African-American studies course with Professor Michael Boston, who highlighted Michelle Obama's path from African-American studies to law. This inspired McDonald to explore the possibilities within the legal field.
The qualities most needed to be a successful lawyer include dedication, motivation, and the willingness to work long hours. Other important qualities include a good vocabulary and thorough knowledge of the English language; sound reasoning skills; an ability to write clearly and concisely; a good memory; and the ability to communicate well orally.
In considering a career in law, first evaluate your own interests, goals, and qualifications. Temperament is also a factor to be considered. It is often necessary to work under pressure of tight deadlines, have the patience to spend many hours researching a single legal point, and analyze facts carefully and marshal them to create a persuasive argument. If you think you are interested in a career in a courtroom rather than in an office, you also will need the ability to think quickly on your feet, speak with ease and authority in public, pursue details, and understand courtroom strategy.
Law school consists of a three-year course of full-time study or a four- or five-year course of part-time study. Although the approach to the study of law varies somewhat from school to school, the first segment of law school study consists of what is defined as the core curriculum and generally includes courses such as contracts, constitutional law, torts, criminal law, legal writing, civil procedures, and property.
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Diverse Career Paths in Labor and Employment Law
Labor law traditionally encompasses the relationships among unions, employers, and employees. Employment law, on the other hand, is defined more broadly as the negotiated relationships between employers and employees. Careers in either field can involve both labor and employment law questions.
Lawyers can choose from a wide variety of jobs. Many new lawyers join law firms, but even the jobs offered by law firms vary greatly according to the type of law practiced. For example, many large urban firms primarily have corporate clients. Some firms offer a "general practice" that serves both corporate and individual clients in civil and criminal matters. Other firms specialize in litigation work or in personal injury cases, family law, or patent law. A few firms concentrate on public interest law. Law firms range in size from one attorney in a single office to more than 1,000 attorneys in offices located around the country and overseas.
Public interest, union and employee/plaintiff side attorneys may practice labor and employment law in a variety of settings. This section describes and provides general background information for four distinct practice settings: government, nonprofits, unions, and private public-interest law firms.
Attorneys practice labor and/or employment law in all levels of government. At the federal level, labor attorneys work within the National Labor Relations Board (NLRB), which administers the NLRA by investigating unfair labor practices and holding elections to determine union representation for private sector employees; the Department of Labor, which seeks to improve working conditions and assure benefits and rights and employs attorneys in the Office of the Solicitor, the Wage and Hour Division, the Occupational Safety and Health Administration and the Office of Labor-Management Standards, among many others; the Federal Labor Relations Authority (FLRA), which serves as the NLRB counterpart for government employees; and the National Mediation Board (NMB), which facilitates labor relations for the airline and railroad sectors due to their importance in interstate commerce and travel.
Other topics that frequently arise in the field but are not automatically connected to labor and employment law in people’s minds include gender, LGBTQ+ issues, disability, immigration, elder law, and bankruptcy.
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The Importance of Proactive Legal Work
McDonald realized that she preferred proactive social justice work. She interned with Pamela J., enjoying the intentional tasks assigned to her. She also worked under Karen Podsiadly and took courses with Dr. V., appreciating the opportunity to educate clients on legal compliance while supporting their organizations.
She was surprised that a Black attorney was working on that side of the law and wanted to speak with him about his practice. He talked to me about how his practice allowed him to be proactive and not solely reactive when it came to matters of discrimination.
Having the opportunity to work with clients to educate them on how to comply with the law and still support those who are a part of their organization. McDonald went on to intern with Cozen O’Connor in both 2020 and 2021 and the firm offered her a full-time job after completing her internship.
Key Statutes and Regulations
Several laws protect workers from discrimination. Some of the most significant pieces of legislation that protect workers from discrimination include Title VII of the Civil Rights Act, the Fair Labor Standards Act, and the Americans with Disabilities Act.
- Title VII of the Civil Rights Act of 1964: Prohibits discrimination on the basis of race, color, religion, sex or national origin.
- The Fair Labor Standards Act (FLSA): Establishes a national minimum wage, guarantees “time-and-a-half” for overtime in certain jobs, and prohibits oppressive employment of minors.
- The Americans with Disabilities Act (ADA): Enacted in 1990, is a body of civil rights law that prohibits discrimination based on disability.
These three statutes are: the National Labor Relations Act (NLRA), the Railway Labor Act, and the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). The NLRA governs the means by which employers may react to union organizers, engage in collective bargaining, and take part in strikes and other forms of concerted activity in support of their demands. The second major federal statute that addresses the rights of union workers is the Railway Labor Act (RLA). The primary purpose of the RLA is to offer employees of the railway and airline industries a process by which they are able to unionize and engage in collective bargaining while simultaneously protecting commerce from damaging work stoppages and delays, both domestically and internationally. Since the RLA provides similar legal protections to workers as the NLRA, workers who are covered by the RLA are not covered by the NLRA.
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| Legislation | Description |
|---|---|
| Title VII of the Civil Rights Act of 1964 | Prohibits discrimination based on race, color, religion, sex, or national origin. |
| Fair Labor Standards Act (FLSA) | Establishes minimum wage, overtime pay, and prohibits oppressive child labor. |
| Americans with Disabilities Act (ADA) | Prohibits discrimination based on disability. |
Wage and hour standards constitute an important area of employment law. These standards include minimum wage, overtime pay, and underpayment in a variety of public and private workplaces, as well as family and medical benefits. There is also a great deal of work around guest workers. citizens undertaking temporary, migrant, or agricultural work under the Immigration and Nationality Act. One focus within wage and hour work has been “wage theft.”
Workplace discrimination occurs when an employee suffers from unfavorable or unfair treatment in the workplace because of their age, gender, race, national origin, religion, or sexual orientation. Disability laws also expand upon the employment rights of veterans and persons with disabilities.
The Role of Organizations like The National Black Lawyers
Organizations like The National Black Lawyers play a crucial role in supporting and promoting African American attorneys. This invitation-only professional development and networking association comprises the top African American attorneys across the country. It selects successful and influential lawyers who provide excellent legal representation and demonstrate community leadership.
The NBL recognizes and promotes the present contributions of African American lawyers and connects our members, locally and nationally, to share their knowledge with each other and the larger legal community. The National Black Lawyers is an elite network of African American legal experts.
We focus on four key goals- connect members with a broad national network of fellow highly respected lawyers, educate members on personal and professional opportunities, empower members to reach their personal goals, and inspire members to become NBL Hall of Famers.
Overcoming Challenges and Promoting Diversity
Despite progress, challenges remain. As Danielle Johnson notes, there is a need for cultural diversity in law firms and legal organizations, as well as reflection on implicit biases. The 2019 demographic survey in Massachusetts revealed that out of 22,743 participating attorneys, only 2% identified as Black or African American.
It is my weekly routine to swallow the discomfort of the two lines; one short line for predominantly white attorneys and another longer line for the litigants, including my clients, predominantly people of color. Inside, the courthouse is buzzing, and the clamor of chatter and movements echo throughout the hallways. I make my way up to the fifth floor for the call of the lists.
In the courtroom, shades of brown dominate, speckled here and there by clusters of ivory. I am not the only person of color, or the only woman, or the only person of modest economic means. Even so, there is a clear dichotomy: the majority of the tenants are minorities while the majority of attorneys are white and male.
Back at my office at Greater Boston Legal Services, my shoulders relax. Here, I am not burdened by expectations to conform to the culture and hierarchy of a Boston law firm. I am not oppressed by inadvertent stereotyping nor subject to daily microaggressions that would stunt any lawyer’s professional growth.
Danielle Johnson is a Staff Attorney at Greater Boston Legal Services where her practice focuses on elder housing and disability benefits. Danielle also participates in the Lawyer for the Day Program at the Metro South Housing Court, assisting tenants.
The number of women and minorities group members attending law school has grown dramatically in recent decades. In 1963, only 1,739 women were enrolled as degree candidates in ABA-approved law schools; in 1990, women law students numbered 54,097, or 42.5 percent of all Juris Doctor degree candidates. In 1969 (the first year for which minority student figures are available) they were 2,933 African American, Hispanic American, Asian American, American Indian, and Alaskan Native law students. In 1990, the total minority enrollment was 17,330. Although the fluctuations of the economy will always have an impact on the legal profession, opportunities for women and minorities remain in all sectors of the profession, including law firms, corporations, and government.
