During recent oral arguments, justices for the Supreme Court of the United States seemed conflicted on whether to upend the existing standard that allows an employer to refuse religious accommodations to its employees if the employer can show that granting the accommodation would involve more than a “de minimis” cost
Articles Discussing Religious Discrimination Under Title VII Of The Civil Rights Act Of 1964.
Supreme Court Hears Oral Argument on Title VII Religious Accommodation Standard
On April 18, 2023, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case raising the issue of how great a burden an employer must bear in order to accommodate an employee’s religious belief or practices.
The Rise in Antisemitism in America
There has been a recent, dramatic rise in antisemitism in the United States. In this podcast, David Goldman, the Executive Director and General Counsel of Congregation Emanu-El in San Francisco, shares his perspective on how this trend is impacting our communities and workplaces, and offers some practical insights as
Will U.S. Supreme Court Place an Undue Hardship on Employers When It Decides Groff v. DeJoy?
The U.S. Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests, which employers have relied upon for more than 45 years, remains valid when it hears oral argument in Groff v. DeJoy, No. 22-174.
Former MGM Resorts Employee Sues for Religious Discrimination in Vaccine Mandate Case
A former MGM Resorts International employee who was fired for rejecting his company’s vaccine mandate has filed a civil rights lawsuit in Nevada for religious discrimination. The casino and hotel chain required all salaried and new hire employees to be vaccinated before October 2021, with exceptions for remote workers.
Taking a Stand against Antisemitism – What Can Employers Do?
It is no secret that antisemitism is on the rise throughout the United States. The Anti-Defamation League’s (ADL’s) 2021 Survey on Jewish Americans’ Experience with Antisemitism found that in the last five years, 63 percent of Jewish people either experienced or witnessed an antisemitic event.
Dear Littler: How Do We Handle Requests for Time Off for Religious Observance?
Dear Littler: We are a retail store with locations across the country. We are open seven days a week, and our sales staff have rotating shifts to provide coverage throughout the week.
McDonald’s Franchise Owners Settle in Religious Discrimination Case
A company operating several McDonald’s chain restaurants in the Baltimore Washington International Airport reached a settlement with a former manager this month. Diamond Powell sued Susdewitt Management LLC after suffering prolonged harassment and discrimination on account of her Muslim faith.
Powell filed her lawsuit in federal court in 2020,
Dear Littler: Must we accommodate an employee’s religious views in every instance?
I’m an HR representative at an advertising agency based in New York City. We have a question about a religiously vocal employee.
U.S Supreme Court Finds High School Coach’s Post-Game Prayers Covered Under First Amendment
Executive Summary: The recent Supreme Court decision in Kennedy v. Bremerton School District, 142 S. Ct. 2407 (June 27, 2022), is the latest to promote free exercise of speech and religion over all other competing interests. In its June 27, 2022 opinion, the Court’s conservative majority held that the Free Exercise and Free Speech clauses of the First Amendment protect an individual engaging in personal religious observances from government reprisal, even when he does so on school property at a school-sponsored event. Kennedy held that a coach may pray at the 50-yard line after a high school football game. The decision strays from and overturns prior Supreme Court precedent established in Lemon v. Kurtzman, 403 U.S. 602 (1971), adhering to the separation of church and state, one of the United States’ founding principles.
Servicemembers Sue Marine Corps For Religious Discrimination
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The United States has a long history of maneuvering religion within its public institutions. While a separation of church and state was first decreed in the Constitution,
U.S. Supreme Court: School District Can’t Discipline Coach for Post-Game Public Religious Observances
A school district infringed on an assistant football coach’s rights under the Free Exercise Clause of the First Amendment when it suspended him for continuing to publicly pray after football games in violation of its policy, the U.S. Supreme Court has held. Kennedy v. Bremerton Sch. Dist., No. 21-418, 2022 U.S. LEXIS 3218 (June 27, 2022).
U.S. Supreme Court: School District Cannot Fire Coach for Personal Religious Observance After Games
The U.S. Supreme Court has held in favor of a former high school football coach in western Washington who lost his job after kneeling to pray on the 50-yard line after games. Kennedy v. Bremerton School Dist., No. 21–418 (June 27, 2022).
In reversing the Ninth Circuit, the Court held
9th Circuit Provides Important Reminders for Religious Employers
Recently, the 9th Circuit applied, in an unpublished opinion, the U.S. Supreme Court’s broad definition of minister for purposes of the “ministerial exception.” Under the ministerial exception, religious institutions have a First Amendment right “to decide for themselves, free from state interference, matters of church government as well as those
Seventh Circuit Issues Decision Finding Broad Scope of Ministerial Exception; Questions Remain
On July 9, 2021, U.S. Court of Appeals for the Seventh Circuit, sitting en banc, issued a 7-3 decision in the closely watched case Sandor Demkovich v. St Andrew the Apostle Parish, Calumet City and the Archdiocese of Chicago. The Seventh Circuit found that the ministerial exception acted as a per se bar to the plaintiff’s hostile work environment claims.
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