NFIB Files Amicus Brief in Fort Bend County, Texas v. Davis, Urging Supreme Court to Protect Small Businesses’ Ability to Resolve Title VII Discrimination Claims Outside of Court

by: National Federation of Independent Business

Fort Bend, TX - March 4, 2019 - (The Ponder News) -- NFIB filed an amicus brief in the case of Fort Bend County, Texas, v. Davis today, arguing that the United States Supreme Court should preserve the right of employers and employees to work through discrimination claims first outside of costly litigation.

“Small business owners work hard to ensure that they are compliant with employment laws,” said Karen Harned, Executive Director of the NFIB Small Business Legal Center. “Because of their good faith efforts, businesses would much prefer to resolve problems without costly court battles. Moreover, Congress also expressed preference for reconciliation of Title VII discrimination claims through the administrative process. Allowing employees to go directly to court would undermine the Equal Employment Opportunity Commission’s mandate to resolve these costly claims quickly and outside of the court system.”

Fort Bend County, Texas, v. Davis concerns whether an employee’s failure to exhaust Title VII administrative remedies by first raising a discrimination claim with the EEOC is a jurisdictional prerequisite to filing a lawsuit in a federal court. In our brief, NFIB argues that, “One of the bedrock policies underlying Title VII is that the favored means of resolving employment discrimination issues is not through litigation, but through voluntary compliance and cooperation.”

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

Small Business Optimism Hits Near All-Time High

By National Federation of Independent Business



Washington, D.C. - December 12, 2017 - (The Ponder News) -- Not since the roaring Reagan economy has small business optimism been as high as it was in November, according to the National Federation of Independent Business (NFIB) Index of Small Business Optimism, released today.

“We haven’t seen this kind of optimism in 34 years, and we’ve seen it only once in the 44 years that NFIB has been conducting this research,” said NFIB President and CEO Juanita Duggan. “Small business owners are exuberant about the economy, and they are ready to lead the U.S. economy in a period of robust growth.”

The Index gained 3.7 points in November, a sharp increase over what was already a near-record performance the previous month. Eight of 10 components posted gains, including a stunning and rare 16-point gain in Expected Better Business Conditions and a 13-point jump in Sales Expectations.

“This is the second-highest reading in the 44-year history of the Index,” said NFIB Chief Economist Bill Dunkelberg. “The NFIB indicators clearly anticipate further upticks in economic growth, perhaps pushing up toward four percent GDP growth for the fourth quarter. This is a dramatically different picture than owners presented during the weak 2009-16 recovery.

“The change in the management team in Washington has dramatically improved expectations,” he continued.

Job Creation plans increased six points last month, providing more evidence of a strong labor market. The number of owners who said it’s a Good Time to Expand rose four points; Inventory Plans increased by three points; Inventory Satisfaction increased by three points; and Actual Earnings Trend moved up two points.

“Job creation faded, but hiring plans soared, primarily in construction, manufacturing, and professional services,” said Dunkelberg.

Finding qualified workers has been a persistent problem all year for small business owners, a reliable sign of growing economy. Last month, it was the second most important problem facing small business owners. Only taxes polled higher.

“Small business owners are paying very close attention to what is happening in Washington,” said Duggan. “They continue to list taxes as their number-one problem, but they now have clear expectations that Congress and the President will address that problem.

“As long as Congress and the President follow through on tax reform, 2018 is shaping up to be a great year for small business, workers, and the economy.”


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NFIB Urges Congress to Accelerate Tax Reform Now That Senate Budget Passed

Source: National Federation of Independent Business

Washington, D.C. - October 25, 2017 (The Ponder News) -- The National Federation of Independent Business (NFIB) issued the following statement on behalf of President and CEO Juanita Duggan in response to the Senate’s approval of a budget resolution:

“Senate action today puts Congress one step closer to adopting a budget resolution, which will clear the way for tax reform. Tax reform must be an urgent priority for both chambers this year. Small business represents half the jobs, half the GDP, and 99.9 percent of all U.S. businesses. If the goal of tax reform is to boost the economy, then it must provide substantial tax relief to all small businesses and simplify the tax code.

“It is crucial that Congress pass tax reform before the end of the year. This is the best chance we’ve had in more than a generation to reform the tax code in a way that will lift all businesses and grow the economy.