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Constitutional Challenges Title VII Free Exercise Clause

Bradley Arant Boult Cummings LLP

Burn Grooming Policy, Burn? Third Circuit Reignites Bearded Firefighter’s Religious Accommodation and Free Exercise Claims

If you have a grooming policy based on safety factors (like no beards for firefighters), does that trump an employee’s request for a religious accommodation? Maybe not. A recent Third Circuit decision, Smith v. City of...more

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Religious Institutions Update: November 2024

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Fired Pastor's Ousting During Church Service Did Not Violate His Free Exercise Rights Anthony J. Sirven In Couzens v. City of Forest Park, Ohio, 114 F.4th 571, 574 (6th Cir. 2024), church leaders hired off-duty municipal...more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

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Religious Institutions Update: January 2023

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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

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Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

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Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more

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Religious Institutions Update: February 2017

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Timely Topics - A draft executive order of President Donald Trump relating to religious freedom proposes several material changes to federal law. First, it would require the executive branches to recognize a broad scope...more

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