News & Analysis as of

Employment Law

PAGA Suit Belongs in State, Not Federal, Court Says Ninth Circuit - Why it matters: A wage and hour suit brought under California’s Private Attorney General Act (PAGA) belongs in state , not federal , court, the Ninth...more

Labor & Employment E- Note - March 21, 2014

In This Issue: - High Court Mulls if Amazon Must Pay for Worker Security Checks - Silicon Valley Class-Action Accuses Executives of Hiring Collusion - EEOC Issues New Guidelines for Religious Bias as Complaints...more

EEOC Publishes Guidance on Employment Rights Related to Religious Garb and Grooming in the Workplace

On March 6, 2014, in an effort to answer questions about how federal employment discrimination law applies to religious dress and grooming practices, the U.S. Equal Employment Opportunity Commission (EEOC) issued a...more

#WWJD? EEOC Provides Guidance on Religious Accommodation

Last week, the EEOC issued specific guidance for employers regarding religious accommodation under Title VII. Entitled "Religious Garb and Grooming in the Workplace: Rights and Responsibilities," the guidance focuses on the...more

EEOC Clarifies Rules on Religious Garb and Grooming in the Workplace

On March 6, 2014, the EEOC issued new guidance (“Guidance”) on employers’ responsibilities with regard to employee religious garb and grooming in the workplace. The guidance covers disparate treatment of individuals with...more

EEOC Issues New Religious Accommodation Guidelines

New guidelines focus on an employer’s obligation to reasonably accommodate religious garb in the workplace. On March 6, the Equal Employment Opportunity Commission (EEOC) published new guidelines that discuss the...more

EEOC Issues New Guidance on Religious Garb and Grooming in the Workplace

On March 6, 2014, the Equal Employment Opportunity Commission ("EEOC") released a new question-and-answer guide and accompanying fact sheet on religious dress and grooming in the workplace, under Title VII of the Civil Rights...more

EEOC Issues New Publications on Religious Garb and Grooming in the Workplace

Practical Guides Will Assist Employers and Employees - WASHINGTON- The U.S. Equal Employment Opportunity Commission today issued two new technical assistance publications addressing workplace rights and...more

Utah Employment Law Letter - January 2014: Religious Discrimination: Can’t be covered up: Applicant must request religious...

Often, employees and applicants hold religious beliefs and engage in religious practices that conflict with workplace rules and employment practices. Title VII of the Civil Rights Act of 1964 typically requires employers to...more

Maintaining a religious-neutral workplace

About a year ago, a group of private citizens paid for a seven-foot-tall granite monument of the Ten Commandments and gained approval for it to be placed on the north end of the Oklahoma Capitol grounds. Not surprisingly, a...more

Religious Diversity + Intolerance = Trouble

Survey data and federal statistics suggest that employers and employees are becoming less tolerant and accommodating of religious differences. The trend, if borne out, will have important legal implications for employers,...more

A place to pray

Within the last couple of years, we have highlighted a number of cases involving religion in the workplace and, specifically, religious accommodations, such as allowing employees to wear head scarves or other personal...more

Employment Law Commentary -- Volume 25, Issue 12 -- December 2013: Religious Discrimination and Muslim Employees

Religious discrimination charges are on the rise. The U.S. Equal Employment Opportunity Commission (EEOC) has seen a 223% increase from 1997 to 2012. And over in the UK, the number of religious discrimination claims has more...more

UK Supreme Court Confirms Scientology Is a Religion

With implications for employers, Court’s decision reinforces that non-mainstream religions also fall within the scope of the Equality Act. On December 11, in R (on the application of Hodkin and another) v Registrar...more

Workplace Word - November 2013: Avoiding Holiday Liability

‘Tis the season to be jolly. However, while you are enjoying the holiday cheer and a cup of hot chocolate, don’t forget to take a moment to assess the potential legal liability that this holiday season may bring. Seemingly...more

Employment Law -- Nov 06, 2013

California Employers Face New Laws On January 1, 2014 - Why it matters: Employers in California should ring in the New Year by updating their policies and training to reflect the new laws, particularly the major...more

Three Questions Employers Should Ask About Religious Accommodation Requests

A recent survey by the Pew Research Center reports that 58% of Americans say that religion is very important in their lives and 76% of Americans say that prayer is an important part of their daily lives. The survey also...more

EMPLOYMENT LAW UPDATE: Tenth Circuit to employees: Onus on you to speak up about religious accommodation

On October 2nd, the U.S. Tenth Circuit Court of Appeals issued a decision that put employees on notice that the Tenth Circuit expects employees to speak up for their rights regarding religious accommodation. The...more

Fenwick Employment Brief - September 2013: New A & F’s Appearance Policy Violates Employee’s Religious Rights

In EEOC v. Abercrombie & Fitch Stores, Inc. dba Hollister Co California, LLC, a federal district court in California recently held that Abercrombie & Fitch’s “Look Policy” violated a part-time associate’s religious rights...more

Religious Institutions Update - July 2013

Have you ever wondered how the United States Constitution came to incorporate "free exercise of religion" in the First Amendment? James Madison wrote the initial draft of the Bill of Rights. He and other Federalists initially...more

Orrick World: A Quarterly Report of Global Employment Law Issues for Multinationals - February 2013

In This Issue: - Asia Employment Law Update - France Employment Law Update - UK Employment Law Update - United States Employment Law Update...more

Religious Institutions Update: January 2013

In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §2000cc et seq. (RLUIPA), in recognition that "new, small, or unfamiliar churches in particular, are frequently discriminated...more

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