Discrimination Religious Discrimination

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
News & Analysis as of

Employment Law 101: Sex Discrimination

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national...more

EEOC Roundup: January 2015

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Employers Beware: Could the Generosity of Volunteers Result in a Perceived Employer-Employee Relationship?

The generosity of volunteers builds a link between employers and the community, which frequently proves critical to accomplishing community and philanthropic work during times of need. Often times, there is too much to be...more

Employee Refusing to Provide SSN Has No Religious Discrimination Claim

Title VII of the Civil Rights Act requires employers in some situations to accommodate employees’ and applicants’ religious beliefs and practices by varying policies and procedures of general applicability. However, as...more

Applicant Can’t Claim Religious Bias After Refusing to Give "Mark of the Beast"

Many employers are convinced that the law requires them to accommodate almost every religious belief that an applicant or employee may have. The law actually does not go quite that far. In fact, one federal court of appeals...more

District of Columbia Passes Two New Non-Discrimination Laws Impacting Employers

Earlier this week, D.C.’s Mayor signed two new measures amending the D.C. Human Rights Act (“DCHRA”) to prohibit (1) discrimination against employees of religiously-affiliated educational institutions on the basis of sexual...more

Employers: Don’t Forget About the Possibility of Associational Discrimination Liability

A case out of a New York State appeals court should remind employers that they may liable for discrimination where they take an adverse action against an employee based on the employee’s association with someone in a...more

Appellate Division Panel Issues Ruling Broadly Interpreting New York State Human Rights Law

On January 14, 2015, in a case of first impression, the New York Supreme Court, Appellate Division, Second Department held that an employee can sufficiently demonstrate his membership in a protected class by virtue of his...more

The High Court Hears Argument: Is Gilbert’s Sign Ordinance Content-Neutral? What Standard of Review Should Apply?

Last summer, we reported that the U.S. Supreme Court granted Good News Community Church’s (Church) petition for a writ of certiorari to review the decision of the U.S. Court of Appeals for the Ninth Circuit in Reed v. Town of...more

“Integral Yoga” Group and Swami Hope to Find Their Inner Balance in Federal Court; Lawsuit Alleges Religious Discrimination by...

The Spirit of Aloha Temple (“Spirit”) and Fredrick R. Honig a/k/a Swami Swaroopananda are suing the County of Maui and the Maui Planning Commission (“Commission”) over the Commission’s denial of their proposal to use an...more

2014 EEOC Year In Review: Lots Of Action, Mixed Results

2014 has been a notable year for the U.S. Equal Employment Opportunity Commission. The agency has initiated historic litigation, issued significant new guidance and signaled increased scrutiny of background checks and...more

'Tis The Season – How To Avoid Liability During The Most Wonderful Time Of Year!

With Halloween and Thanksgiving behind us, and Christmas and Hanukkah just around the corner, it is time to consider how to have a merry season, while protecting both your employees and your company. Giving forethought to...more

2014 Employment and Labor Law Final Exam

It’s time once again to test your employment and labor law knowledge with Nexsen Pruet’s fourth annual final exam. From new legal decisions to black letter statutory law, it’s your chance to show off your legal prowess....more

Volunteers Are Not “Employees” Protected From Employment Discrimination Under Title VII

Many non-profit organizations, public agencies, and other employers rely upon volunteers. But what happens when an organization decides to terminate a volunteer’s affiliation with it because of the volunteer’s religion? ...more

Employment Law - Oct 2014 #2

EEOC Sues Over Transgender Discrimination - Why it matters: In its first cases alleging bias against transgender employees, the Equal Employment Opportunity Commission has filed suit against a Florida eye clinic and a...more

A Question To Be Answered By The Supreme Court: Should You Discuss The Obvious At Job Interviews?

Sometime next year the United States Supreme Court will decide whether a job interviewer had an obligation to inform an applicant that the interviewer has noticed that the applicant is wearing a headscarf. Put another way, on...more

Supreme Court Will Hear Three Employment Discrimination Cases

The United States Supreme Court held its traditional first of October meeting to determine which cases it will hear during the 2014-15 term. The Court has accepted three employment discrimination cases....more

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

U.S. Steel Subsidiary Sued By EEOC for Religious Discrimination and Retaliation

Manufacturing Company Revoked Job Offer and Refused to Accommodate Applicant Whose Religious Beliefs Prohibited Hair from Being Cut From His Scalp, Agency Says - HOUSTON -- U.S. Steel Tubular Products, Inc., a...more

EEOC Sues Mims Distributing Company for Religious Discrimination

Beer Distribution Company Unlawfully Failed to Hire Rastafarian Because He Refused to Cut His Hair, Federal Agency Charges - RALEIGH, N.C. - Mims Distributing Company, Inc., a North Carolina corporation that operates a...more

Unpaid Interns Are Now Protected Against Discrimination and Harassment

On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns. Employers are now prohibited from discrimination...more

The Expanding Ash Heap of History

This year marks the 60th anniversary of the historic United States Supreme Court decision in Brown v. Board of Education of Topeka. The court overturned the precedent established in Plessy v. Ferguson, which upheld that...more

Promoting Company Culture: Harnessing Happiness or Discriminating on the Basis of Religion?

Does an employer discriminate against employees when it requires them to participate in corporate wellness programs? The Equal Employment Opportunity Commission has taken the position that it does if the wellness program...more

Turner Machine Company Settles EEOC Retaliation Lawsuit for $80,000

Manufacturer Fired Engineer After He Filed a Discrimination Charge, Federal Agency Charged - NASHVILLE, Tenn. - Turner Machine Company will pay $80,000 and furnish other significant equitable relief to resolve a...more

Onionhead: Do Firings Over a Non-Religious Practice Violate Title VII?

A Syosset, New York company is being charged with violating Title VII of the Civil Rights Act after employees claimed they were fired for not participating in the belief system of the employer. It appears to be a clear...more

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