News & Analysis as of September 18, 2024

Title VII › Public Accommodation

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Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions. less -

Americans With Disabilities Act Tester Challenge Dropped by Supreme Court

Parker Poe Adams & Bernstein LLP on 12/8/2023

Much to the dismay of many small businesses, the U.S. Supreme Court on Tuesday dismissed its review of a case that could have limited high-volume lawsuits against entities alleged to have violated public accommodation...more

EEOC Reminds Employers of Limits on Workplace Proselytizing

Parker Poe Adams & Bernstein LLP on 8/18/2023

The U.S. Supreme Court recently held that the First Amendment’s guarantee of free speech protects a business from antidiscrimination laws when that company acts in accordance with its owner’s professed beliefs. ...more

Religious Institutions Update: July 2023

Holland & Knight LLP on 7/27/2023

Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

Religious Institutions Update: January 2023

Holland & Knight LLP on 1/10/2023

Vaccination Mandate Conforms with First Amendment In Kane v. De Blasio, No. 21 Civ. 7863, 21 Civ. 8773, 2022 WL 3701183 (S.D. N.Y. Aug. 26, 2022), the district court ruled that New York City Department of Education employees...more

ADA accessibility litigation: Audit yourself!

Constangy, Brooks, Smith & Prophete, LLP on 3/24/2022

This is a public service announcement. The wave of accessibility litigation under Title III of the Americans with Disabilities Act is coming to you, assuming it hasn’t already. Before I go on, I want it to be clear...more

The State of Masking Requirements in Oregon

Tonkon Torp LLP on 1/11/2022

In a shifting landscape of federal and state rules, mandates, and legal challenges to them, Oregon employers may be wondering whether face masks and related requirements are still in effect. Until at least February 2022,...more

Religious Institutions Update: October 2021

Holland & Knight LLP on 10/6/2021

Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more

Should Your Business Require Digital Vaccine Passports?

Fisher Phillips on 4/5/2021

Businesses have been hit hard by the pandemic over the last year, with the service and entertainment industries bearing the brunt of the fallout resulting from mandated shutdowns, stringent safety restrictions, and reluctant...more

Equality Act Passes House, Faces Senate

Manatt, Phelps & Phillips, LLP on 3/26/2021

In the latest demonstration of the employment law priorities of the Biden administration, the U.S. House of Representatives passed the Equality Act, a civil rights bill that would prohibit discrimination against individuals...more

Legal and Practical Considerations for COVID-19 Vaccine Mandates in the Workplace

Pillsbury Winthrop Shaw Pittman LLP on 1/12/2021

For employers, encouraging but not mandating employee COVID-19 vaccination avoids legal risks. Organizations seeking to require vaccination of visitors need to consider public accommodation accessibility requirements. ...more

"Don't Tread on Me": Customers' Religious Objections to Mandated Use of Face Masks in the Era of COVID-19

Ward and Smith, P.A. on 9/14/2020

The COVID-19 pandemic has challenged businesses and employers in ways that few thought possible just six months ago. Untold millions have lost jobs, and vast numbers of businesses have been forced to close in an attempt to...more

Religious Institutions Update: September 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on 9/4/2019

Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim - In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject...more

Podcast: SCOTUS: Looking Back and Looking Forward

Akin Gump Strauss Hauer & Feld LLP on 11/30/2018

In this episode, Akin Gump Supreme Court and appellate practice co-head Pratik Shah discusses the big cases from the preceding U.S. Supreme Court Term and looks ahead at interesting cases in the new Term. Among the topics...more

Religious Institutions Update: September 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 9/26/2018

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

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/8/2018

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Class Action Trends Report Spring 2018

Jackson Lewis P.C. on 5/2/2018

Below is the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find...more

Religious Institutions Update: November 2017 - Lex Est Sanctio Sancta

Holland & Knight LLP on 11/30/2017

Timely Topics - Serious data breaches have become routine in the United States, yet a recent survey shows that the majority of religious institutions do not have a full-time IT professional, have no system to detect a...more

Upcoming SCOTUS Term Promises To Be A Blockbuster

Fisher Phillips on 10/7/2017

If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more

Transgender Accommodation Issues at the Forefront of Employment and Education

Genova Burns LLC on 5/27/2016

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released a new Fact Sheet, announcing its formal position on bathroom access rights for transgender employees. The Fact Sheet provides employers with a...more

Can SafeHer, a Women-For-Women Ridesharing Company, Overcome the Challenges of Anti-Discrimination Laws?

Foster Garvey PC on 5/9/2016

Despite lawsuits and persistent legal uncertainties, the “sharing economy” is booming, and the companies at its forefront continue to grow. Some of these businesses are a natural complement to the hotel industry, while...more

Two Months after Same-Sex Marriages Held Constitutional, Where are the Courts Headed on the Unanswered Questions?

Baker Donelson on 8/21/2015

On June 26, 2015, the United States Supreme Court issued its monumental decision in Obergefell, et al. v. Hodges, et al.; Case No. 14-556, holding that state bans of same-sex marriages are unconstitutional. Specifically, the...more

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