Employment Law This Week: EEOC Enforcement Data, Definition of “Religion,” ACA Class Action, Justice Scalia’s Death
Polsinelli Podcasts - Can Your Employee Wear That to Work? EEOC Updated Guidelines
On November 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) published for public comment a proposed update to its Compliance Manual Section on Religious Discrimination for public comment, which has not been...more
Many of you who read the headline about “Onionhead” being considered a religion in the context of a discrimination case may have guffawed or shaken your head in disbelief. The 102-page opinion by U.S. District Court Judge...more
Of all the heartfelt gestures you can make this Valentine’s Day – sending roses, a box of chocolates, or even just a greeting card – perhaps nothing means more than simply saying “I love you.” But an employer who did just...more
Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more
Earlier this week, D.C.’s Mayor signed two new measures amending the D.C. Human Rights Act (“DCHRA”) to prohibit (1) discrimination against employees of religiously-affiliated educational institutions on the basis of sexual...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
‘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
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