Religious Discrimination

News & Analysis as of

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

New RLUIPA Suit Accuses Two New York Municipalities of Anti-Semitism

The Village of Bloomingburg, NY (Village) and the Town of Mamakating, NY (Town) are facing allegations of religious discrimination in land use regulation. On September 8, 2014, the Bloomingburg Jewish Education Center,...more

Religious Exemptions for Employees

President Barack Obama recently signed an executive order that bans federal contractors from discriminating against the sexual orientation or gender identity of its employees. This order does not include a religious...more

EEOC Sues Employer for Forcing “Onionhead” Religious Practices on Workers

The U.S. Equal Employment Opportunity Commission (EEOC) recently sued a health network, alleging that the company fired employees who refused to participate in activities that the federal agency claimed were religious...more

Unpaid Interns Are Now Protected Against Discrimination and Harassment

On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns. Employers are now prohibited from discrimination...more

EEOC Sues Dunkin’ Donuts Franchisee for Religious Discrimination

Company Refused to Hire Applicant Because of His Religion, Federal Agency Charged - ASHEVILLE, N.C. - Citi Brands, LLC, a franchisee of Dunkin' Donuts, violated federal law by refusing to hire a job applicant who is a...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

DOJ Sues Minnesota City Over Denial of Islamic Somali Immigrants’ Mosque Proposal

The U.S. Department of Justice (DOJ) has sued the City of St. Anthony Village under the Religious Land Use and Institutionalized Persons Act (RLUIPA) after the City Council, in 2012, denied the Abu Huraira Islamic Center’s...more

The Expanding Ash Heap of History

This year marks the 60th anniversary of the historic United States Supreme Court decision in Brown v. Board of Education of Topeka. The court overturned the precedent established in Plessy v. Ferguson, which upheld that...more

Promoting Company Culture: Harnessing Happiness or Discriminating on the Basis of Religion?

Does an employer discriminate against employees when it requires them to participate in corporate wellness programs? The Equal Employment Opportunity Commission has taken the position that it does if the wellness program...more

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