Religious Discrimination

News & Analysis as of

'Tis The Season – How To Avoid Liability During The Most Wonderful Time Of Year!

With Halloween and Thanksgiving behind us, and Christmas and Hanukkah just around the corner, it is time to consider how to have a merry season, while protecting both your employees and your company. Giving forethought to...more

Yule Time Tips, Part II: Knowing the Difference Between Religious Assumptions and Religious Accommodations

Picture this scenario. You are a busy manager of a retail organization. You assume that a sales employee is deeply religious because she wears religious symbols around her neck, talks about her pastor and church services...more

Accommodation of Sincerely Held Religious Beliefs

Several years ago a young woman wearing a black hijab applied for a retail job at a national chain in a Tulsa mall. The retailer, which caters to the young and fashionable, has a strict dress code which prohibits, among other...more

Employment Law Commentary -- Volume 26, Issue 11 -- Is She Really Allowed To Wear That? Religious Accommodation In The Workplace

Title VII of the Civil Rights Act of 19641 prohibits discrimination based on religion and puts an affirmative obligation on an employer to accommodate employees’ religious practices. Issues involving religion arise in many...more

2014 Employment and Labor Law Final Exam

It’s time once again to test your employment and labor law knowledge with Nexsen Pruet’s fourth annual final exam. From new legal decisions to black letter statutory law, it’s your chance to show off your legal prowess....more

Asking about religion accommodations

An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch...more

Volunteers Are Not “Employees” Protected From Employment Discrimination Under Title VII

Many non-profit organizations, public agencies, and other employers rely upon volunteers. But what happens when an organization decides to terminate a volunteer’s affiliation with it because of the volunteer’s religion? ...more

Avoiding Holiday Liability

Back by popular demand, here is our annual “Avoiding Holiday Liability” issue of the Workplace Word. ‘Tis the season to be jolly. However, while you are enjoying the holiday cheer and a cup of hot chocolate, don’t...more

Can the Flying Spaghetti Monster Reshape RLUIPA?

Stephen Cavanaugh, an inmate incarcerated by the Nebraska Department of Corrections, filed a civil rights lawsuit alleging that prison staff repeatedly discriminated against him by not allowing him to meet for worship...more

Employment Law - Oct 2014 #2

EEOC Sues Over Transgender Discrimination - Why it matters: In its first cases alleging bias against transgender employees, the Equal Employment Opportunity Commission has filed suit against a Florida eye clinic and a...more

A Question To Be Answered By The Supreme Court: Should You Discuss The Obvious At Job Interviews?

Sometime next year the United States Supreme Court will decide whether a job interviewer had an obligation to inform an applicant that the interviewer has noticed that the applicant is wearing a headscarf. Put another way, on...more

Contemporary Clothing's "Look" Collides With Title VII

There is more than a little bit of irony when a clothing company with a target market of teens and young adults has a fashion dilemma. However, a national retailer has just such a dilemma arising from a potential religious...more

A Reader Asks: “Is It Me, Or Has Job Interviewing Become Really Complicated?”

Last week, I wrote about the two situations in which an employer should ask an applicant about a disability or a religious belief or practice that might require reasonable accommodation. (As I emphasized last week, 99 percent...more

Supreme Court Will Hear Three Employment Discrimination Cases

The United States Supreme Court held its traditional first of October meeting to determine which cases it will hear during the 2014-15 term. The Court has accepted three employment discrimination cases....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

Religious Institutions: October 2014

Timely Topics - Church splits and property disputes are not new, but they have certainly grown in number in recent years. In the seminal case on church property disputes, Watson v. Jones, 80 U.S. (13 Wall.) 679, 20 L....more

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

Seven Key Supreme Court Cases for Retailers to Watch

The Supreme Court of the United States is ending its summer recess and will start hearing oral arguments next week. There are seven key cases on the Court’s docket for the current term that could affect retailers. Here is a...more

Employment Law Summer Recap 2014: Part 11 of 11 – GOOOOOOOOOOOOOOOOOOOOOAL: the World Cup and Onionhead Capture America’s...

This summer, the EEOC sued a healthcare company based out of Long Island (pronounced Lawn Guy-land) alleging religious discrimination under Title VII and the New York State Human Rights Law after the owners required employees...more

U.S. Steel Subsidiary Sued By EEOC for Religious Discrimination and Retaliation

Manufacturing Company Revoked Job Offer and Refused to Accommodate Applicant Whose Religious Beliefs Prohibited Hair from Being Cut From His Scalp, Agency Says - HOUSTON -- U.S. Steel Tubular Products, Inc., a...more

EEOC Sues Feldman Automotive for Religious Discrimination

Dealership Refused to Hire Religious Applicant, Federal Agency Charged - DETROIT - Feldman Automotive, Inc., a car dealership with locations throughout metro-Detroit and Lansing, violated federal law by failing to...more

EEOC Sues Mims Distributing Company for Religious Discrimination

Beer Distribution Company Unlawfully Failed to Hire Rastafarian Because He Refused to Cut His Hair, Federal Agency Charges - RALEIGH, N.C. - Mims Distributing Company, Inc., a North Carolina corporation that operates a...more

10 Tips for Handling Religious-Accommodation Requests

Despite workplace diversity and inclusion initiatives, religious discrimination complaints continue to be an issue for employers. This makes it more important than ever for organizations to be prepared to respond to...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

12 Trends in Employment Discrimination Litigation: Proactive Employers See Fewer Claims

Fresh off a presentation on retaliation claims and defense at The American Conference Institute Employment Discrimination Litigation Conference in New York City, Dinsmore employment attorney Mike Hawkins shared 12 key trends...more

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