News & Analysis as of

Hiring & Firing Job Applicants Religious Discrimination

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
DirectEmployers Association

OFCCP Week In Review: December 2020 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: November 2020 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Akerman LLP - HR Defense

Religious Accommodation Requests: What Employers Should Know

Employers must walk a tightrope when dealing with an employee or applicant seeking a religious accommodation as demonstrated by two recent court cases with opposite results....more

Littler

Littler Global Guide - Sweden - Q3 2018

Littler on

Policy Requiring All Employees to Shake Hands Discriminated Based on Religious Belief - Precedential Decision by Judiciary or Regulatory Agency - During a job interview, a job seeker refused to shake the company...more

Holland & Hart LLP

Mandatory Flu Vaccines Land Healthcare Facility In Court

Holland & Hart LLP on

After rescinding a job offer to an applicant, a Michigan healthcare provider finds itself in federal court defending a religious accommodation claim. If your organization requires employees to get flu vaccines, your policy...more

U.S. Equal Employment Opportunity Commission...

Memorial Healthcare Sued by EEOC For Religious Discrimination

Hospital Rescinded Job Offer Because of Applicant's Need for Religious Accommodation, Federal Agency Charges - DETROIT- The U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today that a...more

U.S. Equal Employment Opportunity Commission...

XPO Last Mile Will Pay $94,541 To Settle EEOC Religious Discrimination Suit

Logistics Company Rescinded Job Offer to Jewish Employee Who Could Not Work on Rosh Hashanah, Federal Agency Charges - BALTIMORE - XPO Last Mile, Inc., a logistics company that specializes in the delivery of items such as...more

U.S. Equal Employment Opportunity Commission...

HospitalityStaff To Pay $30,000 To Settle EEOC Religious Discrimination Lawsuit

Staffing Company Refused to Accommodate Rastafarian Employee's Dreadlocks, Federal Agency Charged - ORLANDO, Fla. - An Orlando staffing company dedicated to Central Florida's massive hospitality industry will pay $30,000...more

Locke Lord LLP

Comprehensive Massachusetts Employment Law Guide

Locke Lord LLP on

Drafting Employment Applications in Massachusetts - Massachusetts Job Application Requirements - Several Massachusetts laws govern the information that employers must include in their written job applications. ...more

U.S. Equal Employment Opportunity Commission...

J.B. Hunt Transport Settles EEOC Religious Discrimination Charge for $260,000

Sikh Applicants Denied Religious Accommodation During the Hiring Process, Federal Agency Charges - LOS ANGELES - J.B. Hunt Transport, Inc., one of the largest transportation logistics companies in North America, will pay...more

U.S. Equal Employment Opportunity Commission...

HospitalityStaff Sued by EEOC for Religious Discrimination

Orlando Staffing Company Fired Rastafarian Employee Because of His Dreadlocks, Federal Agency Charges - ORLANDO, Fla. - An Orlando staffing company dedicated to Central Florida's massive hospitality industry violated...more

Dentons

Will A Court Think You Are Naughty or Nice This Holiday Season?

Dentons on

Religious discrimination cases have been all over the headlines in 2015. The most recognizable case involves Kim Davis, the Kentucky county clerk who refused to issue marriage licenses in protest of the legalization of...more

Hinshaw & Culbertson LLP

The EEOC's Battlecry: Cracking Down Hard on Religious Discrimination

On the heels of the biggest religious discrimination case in years, and in line with the EEOC's "hottest litigation trend" (according to David Lopez, General Counsel of the EEOC), the EEOC continued its charge against...more

Laner Muchin, Ltd.

Supreme Court Ruling Endangers Ignorance Defense

Laner Muchin, Ltd. on

Until now, job application and interview questions that reveal applicants’ protected characteristics have been strongly discouraged. In an economy where dozens of people apply for a vacant job posting, knowing too much about...more

Maynard Nexsen

Supreme Court Expands Religious Discrimination Liability

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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...more

Laner Muchin, Ltd.

U.S. Supreme Court Rules Against Abercrombie In Headscarf Religious Accommodation Case

Laner Muchin, Ltd. on

The U.S. Supreme Court reinstated the EEOC’s lawsuit against Abercrombie & Fitch Stores, Inc., alleging that Abercrombie violated Title VII of the Civil Rights Act of 1964 by refusing to hire a Muslim applicant, who wore a...more

Sherman & Howard L.L.C.

Supremes Say Abercrombie Not So Hip

The U.S. Supreme Court just issued its much-awaited religious discrimination decision in EEOC v. Abercrombie & Fitch, 575 U.S. ___ (June 1, 2015) (No. 14-86). Samantha Elauf applied for a job with A&F and was denied the job...more

Fenwick & West LLP

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation

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Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to avoid accommodating a suspected, but unconfirmed religious practice, according to a recent United States Supreme Court...more

Fenwick & West LLP

Fenwick Employment Brief - June 2015

Fenwick & West LLP on

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation - Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to...more

Poyner Spruill LLP

Supreme Court Agrees With EEOC In Regard To Religious Accommodation

Poyner Spruill LLP on

On June 1, 2015, the United States Supreme Court issued its opinion in EEOC v. Abercrombie & Fitch Stores in which it held that a job applicant can experience religious discrimination under Title VII of the Civil Rights Act...more

McGuireWoods LLP

Supreme Court Holds Employers Must Make Religious Accommodations Even Without Actual Knowledge of Need for Accommodation

McGuireWoods LLP on

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from, among other things, refusing to hire an applicant because of his or her religion or religious practice. As a general rule, employers must...more

Stoel Rives LLP

U.S. Supreme Court’s Decision in EEOC v. Abercrombie & Fitch: It’s All About the Motive

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In a case Justice Antonin Scalia described as “really easy,” the Supreme Court held that an employer can be liable for failing to accommodate a religious practice even if the employer lacks actual knowledge of a need for an...more

McAfee & Taft

Gavel to Gavel: Faith and consequences

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Last week’s decision by the U.S. Supreme Court on religious discrimination, EEOC v. Abercrombie & Fitch Stores Inc., may have the unintended effect of an increase in religious stereotyping in the workplace. The lawsuit...more

Baker Donelson

EEOC v. Abercrombie & Fitch Continued: Did the Supreme Court Pave the Way for ADA Claims Based on Nonobvious Disabilities?

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Earlier this month, the Supreme Court decided EEOC v. Abercrombie & Fitch, a Title VII case involving religious discrimination. While the case did not directly involve the Americans with Disabilities Act (ADA), the...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Sides with EEOC in Abercrombie & Fitch Hijab Case

On Monday, June 1, 2015, the United States Supreme Court reversed a judgment of the United States Court of Appeals for the Tenth Circuit which had granted Abercrombie & Fitch (“Abercrombie”) summary judgment in a religious...more

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