Total Articles: 16
First Supreme Court Employment Decision of 2012
What the Court's "ministerial exception" case means for employers.
Supreme Court Rules: "Church Must Be Free To Choose Those Who Will Guide It On Its Way"
On January 11, 2012, the U.S. Supreme Court issued a rare unanimous decision for religious employers. The decision both clarifies that the ministerial exception is an absolute bar to employment discrimination suits brought on behalf of a minister based on employment decisions made by the employer, and illustrates that the ministerial exception may apply to a range of employees of religious institutions.
Kennedy v. St. Joseph's Ministries: New Considerations For Religious Employers? The Fourth Circuit Expands Title VII's Religious Exemption
In Kennedy v. St. Joseph's Ministries, the Fourth Circuit extends Title VII's religious exemption from hiring and firing decisions to the totality of the employment relationship. This article examines this case and answers the question the decision raises: Does Kennedy change a religious employer's approach to the employment relationship with employees possessing different religious views?
Religion in the Workplace: 5 Devilish Employer Mistakes
According to a recent study, organized religion is being "driven to extinction" from nine countries, including Canada, Ireland, the Czech Republic, and Switzerland. Although the United States is not on the list, studies here have also shown an increase in the number of people who call themselves "unaffiliated."
Work-Faith Conflicts And The EEOC
It's been nearly two years since the Equal Employment Opportunity Commission (EEOC) issued a compliance manual update on religious discrimination. Religious discrimination involves disparate treatment, harassment, retaliation or refusal to reasonably accommodate religious beliefs or practices. At the time of the release of Section 12 of the new Compliance Manual on "Religious Discrimination" on July 22, 2008, the EEOC announced that it "issued this section in response to an increase in charges of religious discrimination, increased religious diversity in the United States, and requests for guidance from stakeholders and agency personnel investigating and litigating claims of religious discrimination." Since 2000, religion-based charges filed with the EEOC increased from 1,939 to 3,386 in 2009.
RELIGIOUS DISCRIMINATION ISSUES CAN ARISE IN UNEXPECTED WAYS (pdf).
In recent months, plans to build a mosque blocks away from Ground Zero in New York
City have lead to a renewed focus on religious freedom in everyday life. In the workplace, Title
VII of the Civil Rights Act of 1964 defines the rights of employees and responsibilities of
employers, primarily by requiring employers to reasonably accommodate employees’ “sincerely
held religious beliefs,” observances and practices unless doing so would impose an “undue
burden” on the employer. Additionally, as in South Carolina and North Carolina, many states
have laws and constitutional provisions that afford additional protections for employees.
Muslims Celebrating On 9/11? Things Are Not Always What They Seem.
Perception is often more important than reality, and perception can vary radically among people of different religions and national origins.
To support religious discrimination claim, employee must show that she met performance expectations.
A former editorial writer for the Indianapolis Star who claimed that she lost her job because of her “traditional” Christian beliefs regarding homosexuality was unable to support claims of religious discrimination under Title VII, because she could not show that she met the legitimate business expectations of her employer.
Holy Cow! Religious Discrimination Claims Are On the Rise
Religious discrimination claims have steadily increased over the past 15 years.
EEOC ISSUES NEW RELIGIOUS DISCRIMINATION GUIDELINES FOLLOWING INCREASE IN DISCRIMINATION CHARGES (pdf).
Last month marked the seventh anniversary of the terrorist attacks on 9/11. There
have been numerous repercussions of that terrible day, including many related to the
workplace. For example, charges of religious discrimination in the workplace have grown
by 67 percent since 2000.
EEOC Issues New Guidance on Religious Discrimination.
In light of the ever-expanding number of religious discrimination complaints arising in workplaces across the country, the EEOC recently issued a new set of guidelines to assist employers in this area. The revised portion of its employment compliance manual provides an overview of religious discrimination law, and offers "best practices" for employers to avoid discrimination charges. Every employer should be familiar with this comprehensive publication, but don't worry if you don't have time to slog through 73 pages of material – we've done it for you.
Dealership Update: Religious Discrimination: Just How Different Is it?
Many employers assume – incorrectly – that they can avoid all discrimination claims by simply treating everyone exactly the same and making no exceptions. While that approach will keep you out of most discrimination problems, it can still result in claims of religious discrimination. Here's why.
EEOC Issues New Compliance Manual On Religious Discrimination.
The U.S. Equal Employment Opportunity Commission (EEOC) issued a new Compliance Manual Section regarding workplace discrimination on the basis of religion (http://www.eeoc.gov/policy/docs/religion.html) on July 22, 2008.
That Old Time Religion.
While employers stay focused on profits and maintaining a competitive edge in today’s marketplace, religion has begun playing a major role in employee relations. Title VII recognizes the important role that religious freedom plays in our society and its protection goes beyond mere negative restrictions to impose an affirmative obligation to reasonably accommodate religious beliefs.
You Can’t Make Me Sell That!
Companies today are being faced with a surge of employees who are conscientious objectors to some part of the employer's business on the basis of their religion. Stories range from taxi drivers refusing to transport customers who are carrying liquor to cashiers refusing to service customers purchasing pork.
Ban On Religious-Based Employee Group Upheld (pdf).
A federal appellate court recently
held that an employer’s decision to ban
religious-based employee groups did
not violate Title VII of the Civil Rights
Act of 1964. According to the court, the
employer’s policy “treats all religious
positions alike – it excludes them all
from serving as the basis of a companyrecognized
affinity group.” Moranski v.
General Motors Corp., No. 05-1803,
Seventh Circuit Court of Appeals (December
29, 2005).
