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Home > Federal Law Articles > Religious Discrimination > General (Religious Discrimination)

Articles Discussing General Topics Regarding Religious Discrimination Claims Under Title VII Of The Civil Rights Act Of 1964.

U.S Supreme Court Finds High School Coach’s Post-Game Prayers Covered Under First Amendment

August 8, 2022 | Ford Harrison Filed Under: General (Religious Discrimination)

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

July 8, 2022 | Working Solutions NYC Filed Under: General (Religious Discrimination)

attorney for religious discrimination in employment in New York City (NYC).

United States Marine Corps Flag

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

July 7, 2022 | Jackson Lewis Filed Under: General (Religious Discrimination)

Jackson Lewis

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

June 30, 2022 | Jackson Lewis Filed Under: General (Religious Discrimination)

Jackson Lewis

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

December 9, 2021 | Jackson Lewis Filed Under: General (Religious Discrimination)

Jackson Lewis

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

July 13, 2021 | Jackson Lewis Filed Under: General (Religious Discrimination)

Jackson Lewis

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. 

Supreme Court: Philadelphia Ordinance Unconstitutionally Burdened Religious Exercise

June 20, 2021 | Jackson Lewis Filed Under: General (Religious Discrimination)

Jackson Lewis

The U.S. Supreme Court has found that Philadelphia’s ordinance requiring a private foster care agency to certify same-sex couples as foster parents burdened the agency’s religious exercise in violation of the Free Exercise Clause of the First Amendment.

Balancing Public Employees’ Religious Rights with the Establishment Clause

May 26, 2021 | Jackson Lewis Filed Under: General (Religious Discrimination)

Jackson Lewis

When it comes to striking a balance between the religious rights of government employees and the government’s duty to avoid Establishment Clause violations, “context matters.”

In Kennedy v. Bremerton School District, 991 F.3d 1004 (9th Cir. 2021), the Ninth Circuit held that the public prayer by Joseph Kennedy, a football

Defining “Sincerely Held Religious Beliefs” That Might Excuse Mandatory COVID-19 Vaccination?

May 18, 2021 | CDF Labor Law LLP Filed Under: General (Religious Discrimination)

Whether or not a religious belief is sincerely held by an applicant or employee is rarely at issue in most religious discrimination lawsuits. With both the EEOC and DFEH guidance requiring employers to accommodate an employee who has a sincerely held religious belief that prevents an employee from receiving any of the COVID-19 vaccinations, the issue of what is a “sincerely held religious belief” has become more important in employment law. This is particularly true for those employers that decide to mandate the COVID-19 vaccination as a condition of employment or condition of receiving certain employment benefits.

OWN’s Greenleaf Presents Ministerial Exception Issue

February 10, 2021 | Ford Harrison Filed Under: General (Religious Discrimination)

Note: Includes spoilers for OWN’s Greenleaf.

Based on praise from various friends and colleagues, the lovely Mrs. Reed and I recently began watching Greenleaf, a series on the Oprah Winfrey Network (OWN) that ran from 2016 to 2020. Wikipedia describes the show as follows:

Source: BD Images / shutterstock

Fifth Circuit Loss for Employee Who Refused Vaccine for Religious Reasons

January 28, 2021 | Ogletree Deakins Filed Under: General (Religious Discrimination)

As the COVID-19 vaccine becomes more readily available, employers are considering mandatory vaccination for their employees and in particular, how to respond to employee requests for accommodation, whether on the basis of disability or religion. In Horvath v. City of Leander, the U.S. Court of Appeals for the Fifth Circuit

EEOC Updates its Compliance Manual on Religious Discrimination

January 26, 2021 | Goldberg Segalla Filed Under: EEOC, General (Religious Discrimination)

On January 15, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued an updated Compliance Manual on Religious Discrimination. The EEOC voted 3-2 to approve the update.

EEOC Revises Guidance on Religious Discrimination in the Workplace

January 22, 2021 | Jackson Lewis Filed Under: General (Religious Discrimination)

Jackson Lewis

The Equal Employment Opportunity Commission (EEOC) has approved revisions to its Compliance Manual Section on Religious Discrimination (Guidance). The revised Guidance, approved on January 15, 2021, draws upon several U.S. Supreme Court opinions issued since the agency’s last significant update to its guidelines in 2008.

Click here to read the rest of

EEOC’s Proposed Revision of its Guidance Manual on Religious Discrimination

December 1, 2020 | Jackson Lewis Filed Under: General (Religious Discrimination)

Jackson Lewis

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it is seeking public input on its updated Compliance Manual on Religious Discrimination.

EEOC Updates Religious Discrimination Guidance

November 23, 2020 | Nexsen Pruet Filed Under: General (Religious Discrimination)

Over the past 10 years, there have been several significant changes related to how federal courts handle alleged religious discrimination. Catching up to those changes, this week the Equal Employment Opportunity Commission (EEOC) issued draft guidance covering important issues such as the balance of religious expression and LGBT anti-bias protections.

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