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First Amendment › Religious Discrimination

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Jackson Lewis P.C.

Department of Education Issues Guidance for Title VI Compliance in Response to Increased Complaints

Jackson Lewis P.C. on

In response to increases in discrimination complaints, the Department of Education Office of Civil Rights (OCR) issued a Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race,...more

Robinson+Cole RLUIPA Defense

Eleventh Circuit Finds City of Mobile Violated Religious Freedom Laws

Robinson+Cole RLUIPA Defense on

The United States Court of Appeals for the Eleventh Circuit recently considered a long-running religious land use dispute involving the Thai Meditation Association of Alabama (TMAA) and the city of Mobile, Alabama. The...more

Whitman Legal Solutions, LLC

Private Employers Often Can Restrict Political Speech at Work

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This article discusses whether an employer can discharge an employee whose viewpoint about the war differ from the employer’s. Although this article describes a recent news report about a pro-Israel business, the law applies...more

Holtzman Vogel Baran Torchinsky & Josefiak

Holtzman Vogel Supreme Court Review, October Term 2022

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By: Jason Torchinsky, Ed Wenger, Jan Baran, Jonathan P. Lienhard, Kent Safriet, and David Brown The Supreme Court wrapped up its decisions from the October 2022 Term, with a blockbuster final week addressing issues like...more

Robinson+Cole RLUIPA Defense

Fourth Circuit: Church Seeking to Operate as Brewery or Farm Winery Did Not State RLUIPA Claim

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The Fourth Circuit has ruled against the Alive Church of the Nazarene’s claims that Prince William County, Virginia, violated the Religious Land Use and Institutionalized Persons Act (RLIUPA) by denying the Church the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Delays Arguments in Religious Discrimination Case for Pending Supreme Court Decision

Parker Poe Adams & Bernstein LLP on

Over the past decade, federal courts have repeatedly reviewed religious-affiliated employers' ability to avoid federal discrimination claims. Courts recognize a "ministerial exception" that prevents discrimination claims by...more

Robinson+Cole RLUIPA Defense

Court Rules Meriden, CT’s Zoning Regulations Discriminatory

Robinson+Cole RLUIPA Defense on

A district court has ruled that the City of Meriden, Connecticut (the City) discriminated against Omar Islamic Center Inc. following the City’s denial of the Islamic Center’s application to move its mosque to another...more

Jackson Lewis P.C.

U.S. Supreme Court: School District Can’t Discipline Coach for Post-Game Public Religious Observances

Jackson Lewis P.C. on

A school district infringed on an assistant football coach’s rights under the Free Exercise Clause of the First Amendment when it suspended him for continuing to publicly pray after football games in violation of its policy,...more

Jackson Lewis P.C.

U.S. Supreme Court: School District Cannot Fire Coach for Personal Religious Observance After Games

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The U.S. Supreme Court has held in favor of a former high school football coach in western Washington who lost his job after kneeling to pray on the 50-yard line after games. Kennedy v. Bremerton School Dist., No. 21–418...more

DirectEmployers Association

OFCCP Week In Review: November 2021

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Robinson+Cole RLUIPA Defense

St. Pete Beach, Florida Enjoined from Prohibiting Church’s Beach Parking Lot Evangelism

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A federal court in Florida recently ruled that Pass-A-Grille Beach Community Church, Inc. (Church) was likely to prevail on its RLUIPA substantial burden claim challenging the City of St. Pete Beach’s enforcement of parking...more

FordHarrison

OWN’s Greenleaf Presents Ministerial Exception Issue

FordHarrison on

Based on praise from various friends and colleagues, the lovely Mrs. Reed and I recently began watching Greenleaf, a series on the Oprah Winfrey Network (OWN) that ran from 2016 to 2020....more

Bradley Arant Boult Cummings LLP

Separation of Church and State: The Application of the Ministerial Exception to Certain Employment Laws

Bradley Arant Boult Cummings LLP on

It is common knowledge among many human resources professionals that religious organizations generally are protected from religious discrimination lawsuits under Title VII of the Civil Rights Act and most state...more

Best Best & Krieger LLP

During a Pandemic, is a Grocery Store Run the Same as a Baptism Under the 1st Amendment?

Best Best & Krieger LLP on

SCOTUS Sets Aside New York Limits on Religious Gatherings- The U.S. Supreme Court’s decision to halt, on First Amendment grounds, enforcement of New York’s COVID-19-related restrictions on indoor worship services...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Orders Preliminary Injunction in Roman Catholic Diocese of Brooklyn v. Cuomo

Faegre Drinker Biddle & Reath LLP on

On November 25, 2020, the U.S. Supreme Court ordered a preliminary injunction in Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87, holding that New York may not enforce 10- or 25-person congregation-size limits on...more

Seyfarth Shaw LLP

Supreme Court Temporarily Halts Enforcement of New York’s COVID-related Occupancy Limits on Worship Services

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Seyfarth Synopsis: On the eve of Thanksgiving, the Supreme Court granted various religious groups’ request to temporarily block enforcement of an Executive Order issued by the Governor of New York that imposes occupancy...more

Fox Rothschild LLP

EEOC’s Proposed Updates To Religious Discrimination Guidance Now Open For Public Comment

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On November 9, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 3-2 to release a proposed update to Section 12 of the EEOC Compliance Manual addressing religious discrimination. Section 12 of the...more

Steptoe & Johnson PLLC

Balancing Hospital Visitations and Religious Freedoms During a Pandemic

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On October 20, 2020, the Office for Civil Rights (“OCR”) settled two religious discrimination complaints involving access to clergy during the Public Health Emergency. Both complaints arose from a hospital’s failure to permit...more

Robinson+Cole RLUIPA Defense

First Circuit Rejects Signs For Jesus’ RLUIPA and Constitutional Appeal

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The U.S. Court of Appeals for the First Circuit recently found in favor of the Town of Pembroke, New Hampshire regarding the Town’s denial of an application for an electronic sign permit for religious messages.  The Town’s...more

Steptoe & Johnson PLLC

Department of Education Final Rule Covers Four Key Areas

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The U.S. Department of Education has issued a final rule ("Final Rule") meant to clarify policies regarding freedom of speech, academic freedom, and Title IX exemptions. The Final Rule does four things: 1....more

Stoel Rives LLP

U.S. Supreme Court Affirms Religious Freedom in Government Benefits and Employment Decisions

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In three cases this term, the U.S. Supreme Court has affirmed the freedom of religious institutions to access government benefits and to make employment decisions....more

Robinson+Cole RLUIPA Defense

Federal Court: “There is no pandemic exception to the Constitution of the United States or the Free Exercise Clause of the First...

Robinson+Cole RLUIPA Defense on

Last week, a federal court in North Carolina issued a temporary restraining order enjoining the assembly of religious worship provisions in Governor Roy Cooper’s Executive Order 138 (EO-138).  The court found that EO-138 was...more

Robinson+Cole RLUIPA Defense

Federal Court: “if beer is ‘essential,’ so is Easter.”

Robinson+Cole RLUIPA Defense on

Earlier this month, a federal court in Kentucky temporarily enjoined an order issued by the Mayor of Louisville on the grounds that the order likely violated First Amendment and Kentucky’s Religious Freedom Restoration Act. ...more

Franczek P.C.

Gotta' Have Faith in Schools? Per Guidance, Sometimes the Answer Is Yes

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The White House recently announced two initiatives aimed at addressing perceived discrimination in education against students and institutions based on religion. We address one of those initiatives—proposed regulations aimed...more

Franczek P.C.

Proposed Regulations Would Ease Access to Public Funds for Faith-Based Colleges

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The White House recently announced two initiatives aimed at addressing perceived discrimination in education against students and institutions based on religion. We address the first of those initiatives, relating to prayer...more

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