Jackson Lewis P.C. • December 24, 2019
The U.S. Supreme Court has agreed to review two consolidated cases that will afford it an opportunity to develop the “ministerial exception” to employment discrimination laws it first announced in a 2012 case, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 565 U.S. 171. (See our article, ‘Ministerial Exception’ Bars Ministers’ Discrimination Claims, U.S. Supreme Court Rules.)
Franczek Radelet P.C • December 15, 2019
On December 11, 2019, President Donald Trump signed an executive order declaring his administration’s commitment to enforcing federal racial anti-discrimination provisions against discrimination “rooted in anti-Semitism.” Contrary to initial reports, the Executive Order Combating Anti-Semitism does not redefine Judaism as a race or nationality.
Ogletree Deakins • November 21, 2019
In this episode of the Third Thursdays podcast, Ruthie Goodboe examines how religious discrimination and accommodation intersect with traditional labor law. She will cover religious accommodation under Title VII of the Civil Rights Act of 1964, best practices for handling requests for religious accommodation when an employee is governed by a collective bargaining agreement, and how Section 7 of the National Labor Relations Act comes into play with religious accommodation.
Fisher Phillips • November 20, 2019
Following a decision by the U.S. Supreme Court several months ago allowing a former employee to pursue a religious discrimination claim, a Texas federal jury recently ordered her former employer to pay her $350,000. The November 1 jury verdict came after the Supreme Court permitted her to pursue a claim under Title VII despite her failure to include the claim in her original charge with the Equal Employment Opportunity Commission (EEOC). The verdict reaffirms the risks and significant costs employers face in defending a claim — even one never filed with the EEOC — if it does not move to dismiss a complaint for failure to exhaust or, at a minimum, include this as an affirmative defense when answering the complaint.
Jackson Lewis P.C. • November 11, 2019
Two federal courts have struck down the U.S. Department of Health and Human Services’ (HHS) “Conscience Protection Rule,” which was slated to go into effect on November 22, 2019.
Jackson Lewis P.C. • July 08, 2019
The EEOC announced that it reached a $74,418 settlement with a hospital in Owosso, Michigan, to settle a religious discrimination lawsuit the agency had filed under Title VII against the hospital in U.S. District Court for the Eastern District of Michigan. See https://content.govdelivery.com/accounts/USEEOC/bulletins/24d7ec9; and https://www.eeoc.gov/eeoc/newsroom/release/2-14-18.cfm.
Ogletree Deakins • June 04, 2019
On May 21, 2019, the Federal Register published the U.S. Department of Health and Human Services’ (HHS) final rule titled Protecting Statutory Conscience Rights in Health Care (Conscience Rule), which addresses the rights of individual healthcare employees who object to participating in medical procedures that violate their consciences, as well as the rights of faith-based healthcare institutions to provide services consistent with their religious mission and identity.
Ogletree Deakins • May 16, 2019
In Gaylor v. Mnuchin, the Seventh Circuit Court of Appeals recently held that a tax code exemption for religious housing of ministers does not violate the Establishment Clause of the First Amendment of the U.S. Constitution. The decision has a direct impact on religious employers and their ministerial employees as well as a potential impact on secular employers that provide housing allowances for their employees.
FordHarrison LLP • March 11, 2019
Executive Summary: With Spring around the corner, many employers will begin to receive varying requests for religious accommodations related to the upcoming religious holidays. These requests often conflict with the employer’s work hours/days or employment duties. Employers who outright refuse an employee’s request for accommodation to celebrate these religious holidays may put the company at risk of a claim for religious discrimination. Federal and state laws do not require that an employee be given paid time off for a religious holiday. However, federal law does require an employer to provide a reasonable accommodation for the religious beliefs of an employee, if the accommodation does not create an undue burden for the employer. Courts look at a number of factors in determining whether the requested accommodation is reasonable. Each request for religious accommodation should be reviewed individually to determine if an accommodation can be made. If the accommodation cannot be made the employer must be able to demonstrate that the religious accommodation creates an undue hardship.
Fisher Phillips • November 18, 2018
In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation claim. Under the 8th Circuit’s November 13 ruling, the appropriate avenue to challenge an employer’s denial of a religious accommodation request under Title VII is by filing a disparate treatment claim, not through a retaliation cause of action. What can employers take from the EEOC v. North Memorial Health Care decision?