WHO IS NIA LUCAS?
Nia is a dedicated civil rights activist, veteran, and federal whistleblower who has
committed her life to advocating for justice and equality. As a powerful voice for
workers’ rights, disability rights, and anti-discrimination laws, she has emerged as
a leading force in the fight for marginalized groups.
Her journey includes standing up against powerful organizations, including unions
and federal agencies, ensuring that workers’ voices are heard and their rights
are protected. Nia’s fight extends beyond her own circumstances; it encompasses
the rights of every worker, mother, and citizen whose liberties are under
threat. Her unwavering commitment to justice and equality is exemplified
through her ongoing campaigns and legal battles, including high-profile cases
like Lucas v. VHC and Lucas v. AFGE.
Nia’s advocacy highlights the critical role of impact litigation in advancing civil
rights. Historically, such litigation has been instrumental in dismantling
systemic injustices and achieving significant legal precedents that protect
vulnerable populations. Landmark cases such as Brown
v. Board of Education (1954), which ended racial segregation in public schools
and Loving v. Virginia (1967), which struck down laws banning interracial
marriage, exemplify the transformative power of impact litigation. By taking on
these cases, Nia not only seeks justice for individuals but also paves the way for
broader societal change.
She draws inspiration from historic figures like Lucy Parsons, a prominent labor
activist and advocate for workers’ rights in the early 20th century, who was
labeled “more dangerous than a thousand rioters” due to her passionate
activism. Nia is dangerously dedicated to ending inequality and injustice
through impact litigation. To her, the principle that “injustice anywhere is a
threat to justice everywhere” is paramount. She calls not just for support from
Americans but from people around the globe, urging them to unite in making a
meaningful difference. Impact litigation serves as a nonviolent and
transformative force for change, championing the rights of all.
Get Involved
Whether you’re a worker or an American who wants worker’s to prevail over union influence we want to hear from you!
Army Veteran’s Appeal Seeks to Hold Federal
Unions Accountable Under Civil Rights Laws: Oral Arguments October 8, 2024
For Immediate Release
Washington, D.C. — The U.S. Court of Appeals for the District of Columbia Circuit will hear the consolidated appeals in Lucas v. American Federation of Government Employees (AFGE), AFGE Local 228, Michael Kelly, and Johnnie Green (Nos. 23-7051 and 23-7054). Nia Lucas, a former federal employee and Army veteran with a service-connected disability, alleges that the union engaged in discrimination, harassment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Fair Labor Standards Act (FLSA). After the U.S. District Court dismissed the case for lack of jurisdiction, Lucas now challenges that ruling, seeking justice for alleged misconduct by the union, which has long struggled with a legacy of gender discrimination, historically denying fair representation to women and excluding them leadership roles.
Ms. Lucas contends that AFGE officers, including Michael Kelly and Johnnie Green, participated in sexual harassment, gender-based and disability discrimination, and retaliation. She further claims the union obstructed grievance procedures and delayed arbitration regarding her employment after she raised complaints. The appeal raises significant questions about whether federal courts have jurisdiction over discrimination and retaliation claims against unions when such conduct might also support liability under the Civil Service Reform Act (CSRA).
AFGE argues that claims of discrimination, harassment, and retaliation—such as those made by Ms. Lucas— must be exclusively addressed through the Federal Labor Relations Authority (FLRA) under the duty of fair representation rather than in federal courts under Title VII and the FLSA. This position has drawn criticism, particularly as the union continues to face scrutiny after a 2020 independent investigation revealed extensive allegations of sexual harassment and abuse of power under former President J. David Cox.
The irony in AFGE’s stance is clear: while the union is meant to protect its members, it seeks to limit their legal recourse for internal misconduct. By attempting to shift these claims to the FLRA, AFGE risks weakening protections for its members while shielding itself from greater legal accountability.
The Equal Employment Opportunity Commission (EEOC) has filed an amicus curiae brief in support of Lucas. The EEOC argues that Title VII and the ADA provide broader protections than the CSRA and that discrimination claims must be allowed to proceed in federal courts. The EEOC emphasizes that these discrimination and retaliation claims cannot be limited to labor grievance procedures alone.
The consolidated appeal arises from two district court cases (Lucas v. AFGE, Nos. 22-cv-0777 and 22-cv-1540), in which Lucas sought relief for alleged discrimination, harassment, and retaliation by union leadership. Oral arguments are scheduled for October 8, 2024, at 9:30 a.m. in Courtroom 3 at the U.S. Court of Appeals. Public seating is available on a first-come, first-served basis, with doors opening at 9:10 a.m.
For additional information, go to www.athousandrioters.com, named after Lucy Parsons, an early 20th-century labor activist labeled “more dangerous than a thousand rioters.”
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About Appellant Counsel
Dave Dorey, Liff, Walsh & Simmons
Dave Dorey is a seasoned attorney specializing in appellate advocacy, labor law, and complex civil litigation at Liff, Walsh & Simmons. Known for defending workers’ rights, Dorey has extensive experience in addressing matters involving labor unions and employment discrimination.
Joshua Matz, Hecker Fink LLP
Joshua Matz, a partner at Hecker Fink LLP, is an accomplished appellate litigator with expertise in constitutional law and civil rights cases. Matz has argued before the U.S. Supreme Court and appellate courts nationwide, advocating for civil liberties through impactful litigation.
University of Georgetown Appellate Courts Immersion Clinic
The University of Georgetown Appellate Clinic provides real-world litigation experience for law students under the guidance of Professor Brian Wolfman, as they represent clients in significant appellate cases and tackle complex legal issues.
Media Contact: Call (571)308-3198 or e-mail info@athousandrioters.com for further information.
