Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more
7/12/2024
/ Anti-Discrimination Policies ,
Censorship ,
Coronavirus/COVID-19 ,
Employment Litigation ,
Equal Protection ,
Establishment Clause ,
Failure to Accommodate ,
FEHA ,
Free Exercise Clause ,
Groff v DeJoy ,
Hiring & Firing ,
Local Ordinance ,
Minors ,
Native American Issues ,
Public Schools ,
Religious Accommodation ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Title VII ,
Transgender ,
Undue Hardship ,
Vaccinations ,
Zoning Laws
Florida enacted Senate Bill (SB) 264 in May 2023, creating Chapter 692, Florida Statutes (the Act), to limit select persons from "foreign countries of concern" from owning, having a controlling interest in or acquiring an...more
4/1/2024
/ Agricultural Land ,
China ,
Constitutional Challenges ,
Controlling Person ,
Critical Infrastructure Sectors ,
Equal Protection ,
Fair Housing Act (FHA) ,
FIRRMA ,
Foreign Nationals ,
New Legislation ,
Ownership Interest ,
Passive Investments ,
Preemption ,
Proposed Amendments ,
Public Contracts ,
Real Estate Investments ,
Real Estate Transactions ,
Rulemaking Process
Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more
1/10/2024
/ Abortion ,
Anti-Discrimination Policies ,
Breach of Contract ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Due Process ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Fraudulent Inducement ,
Free Exercise Clause ,
Human Rights Act ,
Ministerial Exception ,
Prescription Drugs ,
Public Schools ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
State Constitutions ,
State Funding ,
Subject Matter Jurisdiction ,
Transgender ,
Vaccinations
A federal district court on Aug. 17, 2023, declined to enjoin Florida's law limiting select persons from "foreign countries of concern" from directly or indirectly owning, having a controlling interest in or acquiring by...more
8/22/2023
/ CFIUS ,
China ,
Equal Protection ,
Fair Housing Act (FHA) ,
Foreign Nationals ,
Fourteenth Amendment ,
New Legislation ,
Office of Foreign Assets Control (OFAC) ,
Real Estate Investments ,
Residence Status ,
Rulemaking Process ,
Standing ,
Supremacy Clause ,
Visas
In a historic ruling on June 29, 2023, the U.S. Supreme Court held that the race-conscious admissions policies of Harvard College and the University of North Carolina at Chapel Hill (UNC) are unconstitutional. A copy of the...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
In Ratliff v. Wycliffe Assoc., Inc., No. 6:22-cv-1185-PGB-RMN, 2023 WL 3688082 (M.D. Fla. May 26, 2023), the plaintiff, a software developer, sued the defendant, a Bible translation ministry, for sex discrimination under...more
6/22/2023
/ Abortion ,
Administrative Procedure Act ,
Breach of Contract ,
Constitutional Challenges ,
Department of Defense (DOD) ,
Due Process ,
Equal Protection ,
First Amendment ,
Fraudulent Inducement ,
Free Exercise Clause ,
Free Speech ,
Health Insurance ,
Ministerial Exception ,
Ministerial Function ,
Professional Disciplinary Actions ,
Putative Class Actions ,
Religious Accommodation ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
RICO ,
Sex Discrimination ,
Trademarks
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
10/6/2021
/ Affordable Care Act ,
Attorney's Fees ,
Chevron Deference ,
Churches ,
Coronavirus/COVID-19 ,
Employment Contract ,
Employment Litigation ,
Equal Protection ,
Establishment Clause ,
Free Exercise Clause ,
Free Speech ,
Hostile Environment ,
Indemnification ,
Ministerial Exception ,
Morals Clauses ,
Public Accommodation ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Sovereign Immunity ,
State Constitutions ,
Subject Matter Jurisdiction ,
Title IX ,
Title VII ,
Tortious Interference ,
Transgender ,
Tuition ,
Visas
"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more
7/20/2021
/ Biden Administration ,
Business Losses ,
Collective Bargaining Agreements (CBA) ,
Constitutional Challenges ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Data Breach ,
Department of Labor (DOL) ,
Due Process ,
Equal Protection ,
Farm Workers ,
Farms ,
First Amendment ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Grocery Store Workers ,
Grocery Stores ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Malware ,
Misrepresentation ,
NLRA ,
NPRM ,
Policy Terms ,
Preemption ,
Property Damage ,
Putative Class Actions ,
Tip Credit ,
Tipped Employees ,
Unfair or Deceptive Trade Practices ,
Wage and Hour
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
9/4/2019
/ Americans with Disabilities Act (ADA) ,
Catholic Church ,
Construction Project ,
Department of Labor (DOL) ,
Equal Protection ,
Federal Contractors ,
Free Exercise Clause ,
Free Speech ,
Homeless Issues ,
Human Rights Act ,
Jurisdiction ,
Municipalities ,
Public Accommodation ,
Religious Discrimination ,
Religious Exemption ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Same-Sex Marriage ,
Teachers ,
Title VII
Regulation -
FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat -
On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more
12/24/2018
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Beverage Manufacturers ,
Biotechnology ,
Brand ,
Breweries ,
Class Action ,
Comment Period ,
Consent Agreements ,
Constitutional Challenges ,
Copyright ,
Dismissals ,
Dormant Commerce Clause ,
Due Process ,
Equal Protection ,
EU ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Intellectual Property Litigation ,
Interstate Commerce ,
Joint Statements ,
Local Ordinance ,
Misrepresentation ,
New Legislation ,
NLEA ,
Preemption ,
Public Comment ,
Putative Class Actions ,
Regulatory Oversight ,
Remand ,
Restaurant Industry ,
Reversal ,
Summary Judgment ,
Trademark Registration ,
Trademarks ,
USDA ,
Vacated ,
Website Accessibility
Deceptive Trade Practices -
Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection -
In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more
2/20/2018
/ Agricultural Workers ,
All Natural ,
Arbitration ,
Arbitration Agreements ,
Beverage Manufacturers ,
Breach of Warranty ,
Class Certification ,
Class Members ,
Conditional Certification ,
Court Appearances ,
Credit Card Surcharges ,
Double Damages ,
Economic Loss Doctrine ,
Email ,
Equal Protection ,
Exporters ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
False Statements ,
Farms ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
First Amendment ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Former Employee ,
FSMA ,
GMO ,
Hiring & Firing ,
Hospitality Industry ,
Independent Contractors ,
Inspections ,
Liquidated Damages ,
Minimum Wage ,
Misleading Statements ,
Misrepresentation ,
Motion to Dismiss ,
Negligent Misrepresentation ,
Non-Solicitation Agreements ,
Notice Requirements ,
Opt-In ,
Over-Time ,
Qui Tam ,
Restaurant Industry ,
Retailers ,
Rule 9(b) ,
Sherman Act ,
State Labor Laws ,
State Law Claims ,
Summary Judgment ,
Tip Credit ,
Tip-Pooling ,
Unfair or Deceptive Trade Practices ,
Unlawful Trade Practices Acts ,
USDA ,
Wage and Hour ,
Wage Statements
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
11/30/2017
/ Churches ,
College Admissions ,
Colleges ,
Contraceptive Coverage Mandate ,
Cybersecurity ,
Data Breach ,
Employee Housing ,
Equal Protection ,
Establishment Clause ,
Executive Orders ,
FEMA ,
Fifth Amendment ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Gender Discrimination ,
Hackers ,
Historical Rehabilitation ,
Information Technology ,
Motion for Summary Judgment ,
Public Accommodation ,
Public Funds ,
Ransomware ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
Same-Sex Marriage ,
Standing ,
Title VII ,
Trademarks ,
Trump Administration ,
Trump v International Refugee Assistance Project ,
Vaccinations ,
Videographers
When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more
8/19/2016
/ Abortion ,
Breach of Contract ,
Church Plans ,
Churches ,
Commercial Insurance Policies ,
D&O Insurance ,
Declaratory Judgments ,
Educational Institutions ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Mandates ,
Employment Contract ,
Equal Protection ,
Establishment Clause ,
Exemptions ,
FDUTPA ,
Fiduciary Duty ,
First Amendment ,
Fraud ,
Free Exercise Clause ,
Free Speech ,
Funeral Homes ,
Grants ,
Health Insurance ,
Healthcare ,
Insurance Industry ,
IRS ,
LGBTQ ,
Prayer ,
Professional Liability Insurance ,
Religious Discrimination ,
Religious Displays ,
Religious Institutions ,
Scholarships ,
Standing ,
Subject Matter Jurisdiction ,
Tax Credits ,
Title VII ,
Transgender ,
Universities ,
Wage and Hour
Timely Topics -
The Internal Revenue Service (IRS) issued on Dec. 17, 2015, a memorandum instructing its examiners not to conduct employment tax audits of churches without getting in touch with a high-ranking Treasury...more
The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more
8/7/2015
/ Abortion ,
Adoption ,
Affordable Care Act ,
Anti-Discrimination Policies ,
Clergy Members ,
Contraceptive Coverage Mandate ,
Contraceptives ,
DOMA ,
Domestic Partner Benefits ,
Domestic Partnership ,
Educational Institutions ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
First Amendment ,
Food and Drug Administration (FDA) ,
Fourteenth Amendment ,
Marriage ,
Marriage Equality ,
Negligent Supervision ,
Obergefell v. Hodges ,
Pharmacies ,
Private Schools ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Same-Sex Marriage ,
Scholarships ,
SCOTUS ,
Sexual Assault ,
Spouses ,
Tax Exemptions ,
U.S. Navy
"Church plans" are pension plans (including defined benefit or defined contribution plans) exempt (without an irrevocable election) from many of the legal requirements of the Employee Retirement Income Security Act (ERISA)...more
6/3/2014
/ Affordable Care Act ,
Breach of Contract ,
Churches ,
Defined Benefit Plans ,
Defined Contribution Plans ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
Exemptions ,
FICA Taxes ,
Form 5500 ,
IRS ,
Nonprofits ,
Pensions ,
Prayer ,
Public Meetings ,
Religious Institutions ,
RLUIPA ,
Title VII ,
Unemployment Benefits
Have you ever wondered how the United States Constitution came to incorporate "free exercise of religion" in the First Amendment? James Madison wrote the initial draft of the Bill of Rights. He and other Federalists initially...more
7/10/2013
/ Contraceptive Coverage Mandate ,
Equal Protection ,
First Amendment ,
Free Exercise Clause ,
Freedom of Religion ,
Hobby Lobby ,
Indemnification ,
Legal History ,
Religion ,
Religious Discrimination ,
Religious Institutions
In a 7-1 opinion, the United States Supreme Court concluded in Fisher v. Univ. of Texas, No. 11-345 (June 24, 2013) that lower courts had failed to apply a rigorous enough scrutiny to the University of Texas' use of racial...more
Last February, at the request of Senate Finance Committee member Charles Grassley (R-Iowa), the Commission on Accountability and Policy for Religious Organizations was formed to address tax-related policy questions of import...more
2/8/2013
/ Board of Education ,
Child Abuse ,
Closely Held Businesses ,
Contraceptive Coverage Mandate ,
Equal Protection ,
Establishment Clause ,
Federal Funding ,
First Amendment ,
Fourteenth Amendment ,
Free Exercise Clause ,
Free Speech ,
Human Trafficking ,
Local Ordinance ,
Mandatory Reporting Laws ,
Parental Consent ,
Rehabilitation Act ,
Religious Institutions ,
RLUIPA
In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. ยง2000cc et seq. (RLUIPA), in recognition that "new, small, or unfamiliar churches in particular, are frequently discriminated...more
1/4/2013
/ Boy Scouts ,
Churches ,
Contraceptive Coverage Mandate ,
Discrimination ,
Divorce ,
Equal Protection ,
Establishment Clause ,
Exemptions ,
Permits ,
Religion ,
Religious Discrimination ,
Religious Institutions ,
RLUIPA ,
Trademarks