News & Analysis as of

Religious Freedom Restoration Act (RFRA) Freedom of Religion

Frantz Ward LLP

Psychoactive Sanctuary: Religious Attempts to Circumvent the CSA

Frantz Ward LLP on

Some scholars say early spiritual practices regularly involved sacraments that elicited psychedelic experiences. See, e.g., Brian C. Muraresku, The Immortality Key: The Secret History of the Religion with No Name (2020)....more

Holland & Knight LLP

Religious Institutions Update: December 2020

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In Roman Catholic Diocese of Brooklyn, N.Y. v. Cuomo, No. 20A87, 2020 WL 6948354 (U.S. Nov. 25, 2020) (per curiam), the U.S. Supreme Court enjoined enforcement of the 10- and 25-person occupancy limits on churches in New York...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Tanzin v. Tanvir

On December 10, 2020, the U.S. Supreme Court decided Tanzin v. Tanvir, holding that the Religious Freedom Restoration Act (RFRA) permits litigants, when appropriate, to obtain money damages against federal officials in their...more

Foley & Lardner LLP

LGBTQ Employees Can Sue for Termination – What Other Employment Policies Do You Now Need to Review?

Foley & Lardner LLP on

A few weeks ago, we told you the story of Hannah and Bob, and the U.S. Supreme Court’s landmark holding that under Title VII of the Civil Rights Act of 1964, it is impossible to discriminate against a person for being gay,...more

Franczek P.C.

SCOTUS Gives Religious Exemptions Wide Berth in Two Key Employment Rulings

Franczek P.C. on

On July 8, the U.S. Supreme Court issued two 7-2 decisions involving religious exemptions to federal employment and benefits laws....more

Farrell Fritz, P.C.

Second Circuit Judges Spar Over RFRA Private Right of Action

Farrell Fritz, P.C. on

Second Circuit Judges recently traded strong language in opinions accompanying the denial of a petition for en banc review in Tanvir v. Tanzin....more

McNees Wallace & Nurick LLC

Recent Guidance Interprets Pennsylvania Human Relations Act to Protect LGBTQ Community

Perhaps the most significant EEO issue percolating through the federal court system right now is whether Title VII’s prohibition against sex discrimination encompasses discrimination on the basis of sexual orientation and...more

Holland & Knight LLP

Religious Institutions Update: September 2018 - Lex Est Sanctio Sancta

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Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more

Fisher Phillips

OFCCP Issues 2 Directives Affecting Federal Contract Compliance Reviews

Fisher Phillips on

A focus on equal employment opportunity and the protection of religious freedom will become part of future reviews for federal supply and service contractors’ compliance with regulations under two policy directives issued by...more

Foley & Lardner LLP

OFCCP Signals Emphasis on “Religious Liberty” in Federal Contractor Compliance

Foley & Lardner LLP on

On August 10, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new policy directive aimed at protecting the religious freedom of employees and ensuring a “level playing field” for...more

Miles & Stockbridge P.C.

Sixth Circuit Extends Title VII Protection to Gender Identity Discrimination, Joining Second and Seventh Circuits

Last month, with its decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., 884 F.3d 560 (6th Cir. 2018) the Sixth Circuit broadened Title VII protection to include protection for individuals who are transgender or...more

Foley & Lardner LLP

Sixth Circuit Confirms Title VII Protection for Transgender Status and Rejects Religious Belief Defense

Foley & Lardner LLP on

Earlier this month, we discussed the Second Circuit Court of Appeals’ decision concluding that Title VII prohibits discrimination on the basis of sexual orientation. Days later, the Sixth Circuit Court of Appeals (covering...more

Akerman LLP - HR Defense

Transgender Rights Trump Religious Rights in Sixth Circuit Case

Title VII’s protections against sex discrimination extend to transgender workers, even in the face of a challenge based on the employer’s religious rights, a federal appellate court has held....more

Butler Snow LLP

Two Federal Courts Of Appeal Find That Title VII Prohibits Workplace Discrimination On The Basis Of Sexual Orientation And...

Butler Snow LLP on

Back in April 2017, the federal 7th Circuit Court of Appeals (governing Illinois, Indiana, and Wisconsin) made big news when it determined that Title VII of the Civil Rights Act of 1964 prevents employers from discriminating...more

FordHarrison

Sixth Circuit Holds Transgender Status Is Protected by Title VII and Rejects Religious Freedom Restoration Act Defense

FordHarrison on

The Sixth Circuit Court of Appeals is the latest to weigh in on the heated debate as to whether sexual orientation, gender identity, transgender status and/or gender expression are protected classes under Title VII of the...more

Robinson+Cole RLUIPA Defense

Pave it! RFRA Unlikely to Protect Sacred Burial Ground

A Federal Magistrate Judge for the United States District Court of Oregon recently issued findings and recommendations in Chief Wilder Slockish, et al. v. U.S. Federal Highway Administration, et al., concluding that federal...more

Mintz - Employment Viewpoints

Sixth Circuit Delivers One-Two Punch Knocking Out Transgender Discrimination

The U.S. Court of Appeals for the Sixth Circuit ruled on March 7 that employer R.G. & G.R. Harris Funeral Homes unlawfully discriminated on the basis of sex when it fired a transgender employee after she informed the company...more

Constangy, Brooks, Smith & Prophete, LLP

The Breakdown On That "Transgender Funeral Home" Decision

The Sixth Circuit decision seems overall correct, although it contains some "woke dicta," too. Last week, a panel of the U.S. Court of Appeals for the Sixth Circuit issued its decision in the EEOC v. R.G. & G.R. Harris...more

Littler

Federal Appeals Court Finds Title VII Precludes Discrimination Based On Transgender Status

Littler on

The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in...more

Obermayer Rebmann Maxwell & Hippel LLP

Sixth Circuit Rules that Gender Identity Discrimination is Not Religious Freedom

On March 7, 2018, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC) against a Michigan...more

McNees Wallace & Nurick LLC

Sixth Circuit Rules Discrimination Against Transgender Employees Violates Title VII

The Sixth Circuit Court of Appeals has held that discrimination against transgender/LBGTQ employees is discrimination on the basis of sex that violates Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity...more

Bricker Graydon LLP

Transgender and transitioning employees protected from discrimination in Ohio

Bricker Graydon LLP on

Last week, the Sixth Circuit (which covers Kentucky, Michigan, Ohio and Tennessee) held that Title VII provides transgender and transitioning employees with protection from employment-related discrimination....more

Seyfarth Shaw LLP

Sixth Circuit Finds EEOC’s Enforcement Of Title VII Does Not Need To “Give Way” To Religious Freedom Restoration Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong...more

Seyfarth Shaw LLP

The Sixth Circuit Sides With The EEOC’s Position On Scope Of Title VII Relative To Gender Identity

Seyfarth Shaw LLP on

Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong...more

Holland & Knight LLP

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

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Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more

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