Religion

News & Analysis as of

Controversial Head Scarf Issue Heads to the Supreme Court

Image often plays a significant role in a company’s ability to market its products or services. But does maintaining that image justify violating a person’s civil rights? That's the question the U.S. Supreme Court agreed to...more

Food Litigation Newsletter - October 2014 #2

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Court rules that ‘Kosher’ suit poses religious question; dismisses with prejudice ..Settlement terms approved in stevia sweetener...more

Conn. Killer's Kosher Request Illustrates National Debate

A Muslim prisoner has taken Arkansas prison officials to the U.S. Supreme Court for refusing to allow him to grow a one-inch beard for religious purposes. In New Mexico, a prisoner sued corrections officials for not allowing...more

Supreme Court Agrees to Review EEOC Suit Against Abercrombie Based on Rejection of Applicant With Headscarf

At the opening of its new term last week, the U.S. Supreme Court agreed to hear the Equal Employment Opportunity Commission’s appeal of a lower court decision dismissing a Title VII claim against the Abercrombie clothing...more

Abercrombie & Fitch Hijab Case Heading To Supreme Court

Last week, the Supreme Court announced that it will decide whether Abercrombie & Fitch’s refusal to hire a woman wearing a Muslim hijab (that they said conflicted with their dress code), constituted religious discrimination....more

Supreme Court To Decide Religious Accommodation Case

Last year, we reported on a decision from a federal judge in San Francisco granting summary judgment to the Equal Employment Opportunity Commission (EEOC) in a case brought on behalf of a former Abercrombie & Fitch employee...more

Post-Hobby Lobby Questions Remain About the Scope of Corporate Religious Freedom

The U.S. Supreme Court upheld a challenge to regulations mandating that employers provide contraceptive coverage for their employees. In Burwell v. Hobby Lobby Stores, Inc., the Court found the regulations promulgated by the...more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

Portions of Property Exempt for Religious Use

A panel of the Commonwealth Court held that portions of a 45-acre tract were entitled to exemption as places of regularly stated religious worship. Four Quarters Interfaith Sanctuary of Earth Religion v. Medford County Board...more

Norwalk Settles Mosque Lawsuit for $2 Million

A long-running dispute between the city of Norwalk and an Islamic group appears to be settled, with the city agreeing to pay $2 million to the group and help it find an alternate location for a mosque and a meeting...more

When You Wish Upon a Scheduling Accommodation, Dreams Come True…

The obligation for an employer to generally make scheduling accommodations to enable an employee to follow the basic tenets of his or her religious faith is a well-established requirement under Title VII’s anti-discrimination...more

Second Circuit Revives Chabad Group’s RLUIPA Suit

On September 19, 2014, the Second Circuit issued its decision in Chabad Lubavitch of Litchfield County, Inc. v. Borough of Litchfield (2d Cir. 2014), reversing the lower court’s entry of summary judgment in favor of the...more

Polsinelli Podcasts - Can Your Employee Wear That to Work? EEOC Updated Guidelines [Video]

You're an employer with a successful business that caters to the public. One day an employee walks in with attire that is making the rest of your employees uncomfortable. The Equal Employment Opportunity Commission has...more

What Is a Sincere Religious Belief? The Fifth Circuit Weighs In On a Religious Discrimination Claim

In a 2-to-1 decision written by Judge Edward Prado, the Fifth Circuit Court of Appeals recently chimed in on an employee’s claim that her employer failed to accommodate a religious observance, for which “she believed strongly...more

Shop ‘til You Drop – But Take a Day to Pray

Retail stores cannot force an employee to work seven consecutive days without giving the employee one day off to worship or rest. Like the ADA, retail stores must also accommodate the religious beliefs of employees unless it...more

District Court Refuses to Certify Class of “Non-Liturgical” Protestant Navy Chaplains

Given the rich diversity and array of religions, and the First Amendment prohibitions both on the establishment of religion and impeding the free exercise of religion, the appointment and promotion of chaplains in the...more

Government Issues New Rules for Religious Employers, But Health Plans, TPAs, and PBMs are still on the Hook to Provide...

The Affordable Care Act (“ACA”) requires that non-grandfathered health plans make preventive care and screenings available to their members at no cost (i.e. no deductibles, coinsurance, or co-payments). The Department of...more

Supreme Court Grants Injunction to Religious University Barring Strict Enforcement of Accommodation Scheme for ACA Contraception...

The United States Supreme Court granted Wheaton College, a religious non-profit college in Illinois, an injunction permitting the college to opt into the ACA contraception mandate’s accommodation scheme available to certain...more

Losing My Religion: Do I Want to Know My Employee’s Beliefs?

The Fifth Circuit Court of Appeals recently updated employees’ guide to southern manners. Don’t worry, employees should still say “yes ma’am” and “no ma’am.” But you know the old saying that you should never discuss politics...more

China Update - August 2014

In This Issue: - U.S.-China Relations - Chinese Embassy News - Energy & Environment - Trade - Excerpt from U.S.-China Relations: 2013 Report on International Religious Freedom...more

Hobby Lobby ripples still being measured

How can the controversial decision in the Hobby Lobby contraception coverage case impact employers? The U.S. Supreme Court in June decided the controversial case of Burwell v. Hobby Lobby Stores Inc. The court ruled...more

The Hobby Lobby Decision and Religious-Based Exemptions

On June 30, 2014, the United States Supreme Court issued a ruling which held that a closely held, for-profit entity can object to certain aspects of the birth control mandate imposed by the Patient Protection and Affordable...more

Benesch Perspectives - July 2014 Newsletter

In this issue: - Not-for-Profit Spotlight - Giving to Religion Trending Downward for a Decade - What You Can Learn from Giving 2014 - Is the Front Door Closing on the Parsonage...more

For-Profit Corporations Can Object to Federal Laws on Religious Grounds

The United Statutes Supreme Court’s recent Hobby Lobby decision holds that for-profit closely held corporations can object, on the basis of sincerely held religious beliefs, to the contraception mandate imposed by the Patient...more

Second Circuit Rules New York City’s Prohibition of Religious Services in School Facilities Constitutional

Recently, in Bronx Household of Faith v. Board of Education of the City of New York[1], the Court of Appeals for the Second Circuit (the “Second Circuit”), in a 2-1 decision, reversed the lower court’s decision and ruled that...more

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