News & Analysis as of

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

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

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

The Washington Supreme Court Mandates New Obligations for Employers Under State Law to Accommodate Employees’ Religious Beliefs

In a dramatic shift in Washington state law on accommodating religious beliefs, the Washington Supreme Court’s decision in Kumar v. Gate Gourmet, Inc. recognized, for the first time, that the Washington Law Against...more

“Mark of the Beast” Claim Busts

In Yeager v. FirstEnergy Generation Corp., No. 5:14cv-567 (N.D. Ohio June 27, 2014), a plaintiff asserted a religious discrimination claim for refusal to hire. In the complaint, he alleged he was not hired because he refused...more

EEOC Sues United Health Programs of America and Parent Company for Religious Discrimination

Company Coerced Participation in Religious Activities and Fired Employees Who Opposed Them, Federal Agency Charges - NEW YORK - A Syosset, N.Y.-based health network violated federal law when it forced employees to take...more

For The Love Of G-D, Don't Say You Love Me

We have come to this in our workplaces, in the lyrics of Annie Lennox: “No more ‘I love you’s.” Please enjoy today’s guest post from one of your employees: I have difficulty getting close to people. I have trouble...more

Secret to Reasonable Accommodations for Religion: Be Reasonable

If there is a secret to avoiding or, if necessary, winning lawsuits involving employee requests for religious accommodations, it is this: be reasonable. Two recent federal appeals court rulings highlight this seemingly...more

Labor & Employment E-Note - April 17, 2014

In This Issue: - Employers Face Increasing Number of Religious Bias Suits - Small Business Owners Concerned About Overtime Pay Requirements - Rising Number of Wage Theft Lawsuits Highlight Enforcement Issues -...more

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

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