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
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
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
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
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
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
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
Respondeat superior (literally, "let the master answer" in Latin) is a doctrine that applies when an employer or principal has the ability and authority to direct and control the pertinent acts of the employee. Put otherwise,...more
Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more