Federal Employment Law Articles

Religious Discrimination - General

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

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Two Federal Courts Strike Down Health and Human Services ‘Conscience Protection Rule’

Jackson Lewis P.C.·

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.

Hospital Settles Claim of Religious Discrimination Based on Applicant’s Refusal of Flu Vaccine

Jackson Lewis P.C.·

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/account

Major Religions - 2019 Holiday Calendar

FordHarrison·

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 em

New HHS Division to Focus on Health Care Workers' Religious or Moral Objections to Providing Certain Care

FordHarrison·

The U.S. Department of Health and Human Services (HHS) has announced the formation of the Conscience and Religious Freedom Division of the HHS Office for Civil Rights (OCR). The new division will review complaints from medical professionals who object on religious or moral grounds to participating i

Supreme Court Argument: Baker’s First Amendment Rights vs. Colorado’s Anti-Discrimination Law

Jackson Lewis P.C.·

The United States Supreme Court heard oral argument in a case with potentially far-reaching implications for issues at the intersection of civil rights and religious freedoms on December 5, 2017. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No. 16-111.

Accommodation for the Mark of the Beast

Goldberg Segalla·

Most employers know of the requirement to adjust any aspect of the working environment which may conflict with an employee’s religious beliefs. At the federal level, under Title VII, an employer must make reasonable accommodation for the religious observances of its employees, short of incurring an

Trump Signs Religious Liberty Executive Order

Jackson Lewis P.C.·

During a ceremony in the Rose Garden, President Trump signed a much-anticipated “Religious Liberty” executive order.

Carolina Company Sued by EEOC for Alleged Religious Discrimination

Maynard Nexsen·

The Equal Employment Opportunity Commission announced that it filed a lawsuit last month against a South Carolina company that allegedly refused to accommodate a truck driver’s religious beliefs. The employee apparently subscribed to a Hebrew Pentecostal religious faith that forbade him from engagin

Company Practices "Onionhead" – Employees Cry Reverse Religious Discrimination

Littler·

A New York federal court recently sided with the Equal Employment Opportunity Commission (“EEOC”) as to whether a company’s internal conflict-resolution program was religious in nature.1 Because the program—called “Onionhead,” or occasionally, "Harnessing Happiness"—was deemed religious, the company

Religious Exemptions Protect School From Student’s Disability Discrimination Claim

Goldberg Segalla·

Religious institutions may always face complex questions as to whether, and which, legal exemptions apply to them in various situations. But a recent case in New Jersey federal court shines a narrow sliver of light onto this murky issue — at least in terms of discrimination and retaliation claims.

Claims to Accommodate Flying Spaghetti Monster-ism Hit the Wall in Nebraska Court

Littler·

On April 12, 2016, a district court in Nebraska rejected the religious accommodation claims advanced by a member of the Church of the Flying Spaghetti Monster.1 In denying the religious accommodation claims, the court was forced to walk a narrow line between precedents that bar courts from questioni

Supreme Court Expands Religious Discrimination Liability

Maynard Nexsen·

Most employers know that Title VII prohibits discrimination against applicants or employees based on religion. They also know that Title VII requires employers to provide reasonable, religion-based accommodations to employees who express such a need. But a recent decision of the U.S. Supreme Court c

Resource Update: Religion, Holidays and Days off in the Global Workplace

FordHarrison·

Are companies legally required to allow employees to take time off for religious holidays, even if there's a backlog of work?

Fifth Circuit Religious Discrimination Determination Requires Employers to Gauge Sincerity of an Employee’s Religious Beliefs

Goldberg Segalla·

Most employers recognize that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits religious discrimination in the workplace and requires private employers to reasonably accommodate an applicant’s or employee’s religious practices and beliefs, subject to limited exceptions. Private employ

Hospital Settles Religious Bias Claim With Vegan

Littler·

In 1996 Bruce Anderson, the “Vegan Bus Driver,” gained renown when he was fired from an Orange County, California transit authority for refusing to distribute hamburger coupons as part of a promotional campaign. Anderson filed a charge of religious discrimination with the Equal Employment Opportunit