Reasonable Accommodation, Discrimination, Religious Discrimination

Employment Law Newsletter: February 2013

by Laura Flynn, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 2/11/2013

In this issue: -Inspection of Personnel Records (AB 2674) -Wage Statements (AB1744) -Disclosure of Social Media Passwords (AB 1844) -Criminal History Information Requirements (AB 2343) -Human...more

EEOC Provides Useful Guidance On Mandatory Flu Vaccinations And Reasonable Accommodations

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 2/4/2013

In the midst of the flu pandemic, many health care employers are requiring employees to receive flu vaccinations. However, a number of workers have protested, claiming that they are entitled to an accommodation based on...more

No Skirting The Issue: Refusal To Allow Worker To Wear Skirt Results In $25,000 Religious Discrimination Settlement

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/24/2013

While it is generally lawful for an employer to develop and implement dress codes and uniform policies, the employer must be mindful of employees' right to practice their religion and wear clothing that comports with their...more

Burger King Franchisee Settles EEOC Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/24/2013

Fries Restaurant Management Pays $25,000 After Firing Teenage Employee For Seeking to Wear Skirt to Work - DALLAS - Dallas-based Fries Restaurant Management, which operates numerous Burger King franchises in Texas,...more

Federal Court Finds That Veganism May Constitute A Religious Belief

by Thomas Wassel | Cullen and Dykman LLP on 1/23/2013

The flu season has started out strong this year, already reaching epidemic proportions. A public health emergency has been declared in Boston as flu cases skyrocket to levels 10 times higher than the 2011-2012 season. A mere...more

Vegan Employee May Proceed with Religious Discrimination Claim

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/17/2013

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

Recent Ruling Demonstrates That You Might Find Religion Where You Least Expect It

by David L. Woodard | Poyner Spruill LLP on 1/15/2013

A ruling from an Ohio federal court warns that a religious discrimination claim can arise from of a set of beliefs that an employer might not ordinarily equate with religion. In Chenzira v. Cincinnati Childrens’ Hospital...more

Texas Court Refuses To Prohibit RFID Tags In School

by Tim Banks | Dentons on 1/14/2013

On January 8, 2012, the U.S. District Court for the Western District of Texas issued a ruling denying a preliminary injunction in a case involving the use radio-frequency identification (RFID) tags embedded in name badges to...more

Utah Employment Law Letter - January 2013: Human Resources: This year I resolve to . . . really!

by Darryl Lee | Kirton McConkie PC on 1/11/2013

Now that the Christmas rush is over and you’ve indulged in all the excesses of the holiday season, it’s time to make your annual New Year’s resolutions. We’re not talking about resolving to lose 15 pounds or be nicer to your...more

Federal Court's "Vegan Discrimination" Decision Reminds Employers Not To Jump To Conclusions Regarding What May Or May Not...

by Linda Walton | Perkins Coie on 1/10/2013

Prior to the termination of her employment, Sakile Chenzira worked for more than a decade as a customer service representative at the Cincinnati Children's Hospital Medical Center (the Hospital). In December 2010, the...more

Employers Should Have Faith In The Interactive Process When It Comes To Religion

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/9/2013

Recent federal cases demonstrate the importance of engaging in the interactive process when an employee requests a religious accommodation. Title VII and similar state and local laws not only prohibit religious discrimination...more

2013 CALIFORNIA LABOR & EMPLOYMENT LAWS – Part 1 of 4

by Hartnett, Smith & Paetkau on 1/8/2013

Several important new laws affecting California employers will take effect this year. In this initial series of blog posts, we will provide a brief synopsis of these changes. For more information on how to remain compliant...more

Fourth Circuit Upholds Employer-Favorable Religious Discrimination Decision

by Kevin M. Ceglowski, David L. Woodard | Poyner Spruill LLP on 12/31/2012

The Fourth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that was sued by the Equal Employment Opportunity Commission (EEOC) for religious discrimination. In EEOC v. Thompson Contracting,...more

Social Media and Beyond: California Ushers in New Employment Laws for 2013

by Christina N. Goodrich, Linda L. Usoz | K&L Gates LLP on 12/19/2012

The California legislature was particularly busy this past session in enacting new laws that directly affect employers in 2013. The new laws address a wide variety of topics, including social media protections for employees;...more

True Believers at Work—Accommodating Religious Practices on the Job

by Margaret Carroll Alli | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/13/2012

An employee cannot work on Friday evenings or Saturdays because his religious beliefs forbid working on the Sabbath. Another employee objects to contributing to co-worker birthday celebrations or union dues on religious...more

Seventh Circuit: Employee Not Entitled to Preferred Religious Accommodation Under Title VII

by Brian L. McDermott | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/3/2012

On November 8, 2012, the Seventh Circuit Court of Appeals ruled that a Christian employee who objected to working on Sundays because it conflicted with her church attendance lacked a religious discrimination claim under Title...more

Employers Providing Reasonable Accommodations May Avoid Liability for Religious Discrimination

by XpertHR - Partnered with LexisNexis on 10/3/2012

Recent federal cases suggest that an employer may not be liable for religious discrimination if the employer offers an accommodation that is reasonable and does not cause the employer an undue hardship. However, employers...more

CA Governor Signs New Law Expanding Protection For Religious Dress And Grooming In The Workplace

by Robert A. Jones | Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/10/2012

On September 8, 2012, California Governor Jerry Brown signed into law Assembly Bill (AB) 1964 to amend Section 12926 of the California Government Code which embodies the California Fair Employment and Housing Act. The...more

Employer Not Required To Accommodate Bus Driver’s No Sunday Work Request, Third Circuit Holds

by Mark Diana, Ryan T. Warden | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/16/2012

In Fouche v. New Jersey Transit, No. 11-3031, 2012 U.S. App. LEXIS 14524, (3rd Cir. July 16, 2012), a bus driver sued his employer under Title VII and the New Jersey Law Against Discrimination for refusing to accommodate his...more

Religious Discrimination in the Workplace

by Delbert Tso on 11/4/2010

Religious Discrimination in the Workplace Gets More Attention from EEOC...more

EEOC Targets Religious Discrimination in the Workplace

by John Sarno on 11/4/2010

3,386 charges alleging religious discrimination were filed with the EEOC in 2009, slightly more than the prior year, although the agency found no probable cause, in about 6 of 10. Nevertheless, the agency has filed some high...more

Worshiping at the altar of ink: Tattoos and religious discrimination in the workplace

by Lane Powell PC - Labor & Employment Law on 5/4/2010

Most employers rely upon their employees to project a certain image to the public. In an effort to control their company’s image, employers may institute appearance policies that set forth grooming and dress standards. These...more

Employment Advisory: EEOC Issues New Compliance Guidance on Religious Discrimination in the Workplace in Response to a Dramatic...

by Mintz Levin - Employment, Labor & Benefits on 8/11/2008

In July, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new section (Section 12) to its Compliance Manual specifically related to religious discrimination in the workplace. Section 12 includes a...more

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Reasonable Accommodation › Discrimination › Religious Discrimination