Last fall, I reported on a proposed Enforcement Guidance issued by the Equal Employment Opportunity Commission on workplace harassment. I gave the proposed guidance a good review overall, although I had some disagreements...more
The teacher had a religious objection.
The Virginia Supreme Court yesterday found in favor of a West Point public school teacher whose employment was terminated because he would not address a transgender student by the...more
12/15/2023
/ Bostock v Clayton County Georgia ,
Demurrers ,
Documentation ,
Due Process ,
Equal Employment Opportunity Commission (EEOC) ,
Free Exercise Clause ,
Free Speech ,
Groff v DeJoy ,
Motion to Dismiss ,
Religious Accommodation ,
Religious Beliefs ,
Religious Freedom Restoration Act (RFRA) ,
School Boards ,
Teachers ,
Termination ,
Transgender ,
VA Supreme Court ,
Written Descriptions
It's worth a read. The U.S. Equal Employment Opportunity Commission recently released a proposed Enforcement Guidance on Harassment in the Workplace, and it's quite good. Don't let the length intimidate you. If you aren't an...more
10/6/2023
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Comment Period ,
Complaint Procedures ,
Corporate Counsel ,
Corrective Actions ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
LGBTQ ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Religious Accommodation ,
Religious Expression ,
Sexual Harassment ,
Transgender ,
Workplace Harassment Guidance
After last week’s Supreme Court decision in Groff v. DeJoy, employers should prepare to seriously entertain, and grant, more employee requests for religious accommodation.
Gerald Groff, an Evangelical Christian postal...more
7/5/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
De Minimis Claims ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship
On Tuesday, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case I blogged about in January. The case is about what standard of "undue hardship" should apply in religious accommodation cases.
Under every...more
4/21/2023
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Religious Accommodation ,
Religious Beliefs ,
SCOTUS ,
Title VII ,
Undue Hardship ,
Uniformed Services Employment and Reemployment Rights Act (USSERA) ,
USPS ,
Vaccinations ,
Wage and Hour
"Undue hardship" defense is likely to become tougher.
The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more
1/27/2023
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Popular ,
Reasonable Accommodation ,
Religious Accommodation ,
SCOTUS ,
Title VII ,
Undue Hardship ,
Uniformed Services Employment and Reemployment Rights Act (USSERA) ,
Wage and Hour
Second post in our series.
NOTE FROM ROBIN: Last month, I posted the first in what will be a series of very basic explanations of the federal laws that govern the workplace.
I could not resist having religious...more
Somebody say "Amen."
The Equal Employment Opportunity Commission has added a new section to its COVID-19 guidance, related to religious objections to vaccine mandates.
I am happy (OK, relieved) to say that the latest...more
10/29/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
De Minimis Claims ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Religious Accommodation ,
Religious Beliefs ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations
Here's what's been going on this week.
Some noteworthy labor and employment developments from the past week, in no particular order:
Court rules against Christian teacher who wouldn't use kids' names, preferred...more
7/16/2021
/ Americans with Disabilities Act (ADA) ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Gender Identity ,
Hostile Environment ,
LGBTQ ,
Ministerial Exception ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Religious Accommodation ,
Religious Schools ,
Sex Discrimination ,
Sexual Harassment ,
Title VII
And employers will like it.
NOTE FROM ROBIN: This is the text of a Legal Bulletin that we sent out today. I am posting it here for those of you who don't subscribe to our bulletins.
The U.S. Equal Employment Opportunity...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Food and Drug Administration (FDA) ,
GINA ,
Health Care Providers ,
New Guidance ,
OSHA ,
Personal Information ,
Pharmacies ,
Reasonable Accommodation ,
Religious Accommodation ,
Title II ,
Title VII
My best guess is yes.
Two new COVID-19 vaccines are hurtling toward approval by the Food and Drug Administration and release to the public.
As a result, employers are asking whether they can require their employees to get...more
11/20/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Reasonable Accommodation ,
Religious Accommodation ,
Remote Working ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Employers, are you ready to accommodate Wiccans?
According to a study by the Pew Research Center, there are now 1.4 million mainstream Presbyterians in the United States but 1.5 million who identify as Wiccans or pagans....more
This case makes my head hurt.
A panel of the U.S. Court of Appeals for the Eighth Circuit ruled 2-1 this week that an employer's withdrawal of a job offer to an nurse who had requested a religious accommodation was not...more
Onionhead is this incredibly pure, wise and adorable character who teaches us how to name it – claim it – tame it – aim it. He wants everyone to know how they feel and then know what to do with those feelings. He helps us...more
Our friends at the Equal Employment Opportunity Commission have issued a Fact Sheet for young workers on religious discrimination in the workplace, which brought me back to the EEOC’s older Q&A and Best Practices on religious...more
Employers, it is a losing battle to debate theology with your employees who request religious accommodation. If you don’t believe me, ask Consolidated Coal Company and its parent, CONSOL Energy, which have been ordered to pay...more
First Glance perspective by attorney Robin Shea of the Supreme Court's recent Religious Accommodation decision in EEOC v. Abercrombie. Spoiler alert: more alarming than it sounds....more
6/2/2015
/ Corporate Counsel ,
Discrimination ,
EEOC v Abercrombie ,
Equal Employment Opportunity Commission (EEOC) ,
First Glance ,
Hiring & Firing ,
Popular ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII
Religious accommodation, the Oscars, non-competes, social media, Brian Williams versus Bill O’Reilly, workplace violence, and inspirational employees — we have it all today! Here are some links about recent news and court...more