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.
Articles Discussing General Topics Regarding Religious Discrimination Claims Under Title VII Of The Civil Rights Act Of 1964.
Supreme Court: Philadelphia Ordinance Unconstitutionally Burdened Religious Exercise
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
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?
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
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:
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Fifth Circuit Loss for Employee Who Refused Vaccine for Religious Reasons
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
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
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.
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EEOC’s Proposed Revision of its Guidance Manual on Religious Discrimination
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
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.
Coming Soon for 2021: EEOC to Update Its Compliance Manual Regarding Religious Discrimination
After being issued more than 12 years ago, the Equal Employment Opportunity Commission (EEOC) voted to publish a proposed update to its Compliance Manual section on religious discrimination. Once published, it will be open and available for public comment. According to the EEOC, the updated guidance will reflect recent legal
The US Supreme Court Weighs In on Discrimination Involving Employees of Religious Institutions and Employers with Sincerely Held Religious Beliefs
Last week, the US Supreme Court issued two rulings that affect a limited class of employers facing claims of discrimination.
‘Ministerial Exception’ Bars Lay Teachers’ Job Discrimination Claims, U.S. Supreme Court Rules
The First Amendment Religion Clauses exempt religious employers from suit by school teachers for alleged employment discrimination, the U.S. Supreme Court has held.
SCOTUS Strengthens Religious Exemptions From Workplace Discrimination Law and ACA Birth Control Mandate
The United States Supreme Court issued two decisions this week in cases involving religion and the workplace. In one case, the Court held that religious organizations may not be sued for discrimination by their teachers. In the
SCOTUS Reinforces “Ministerial Exception” in Employment Disputes Involving Religious Institutions
The U.S. Supreme Court has expanded the application of the First Amendment’s Religion Clauses to employment decisions made by religious institutions
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