News & Analysis as of

Groff v DeJoy Undue Hardship

Constangy, Brooks, Smith & Prophete, LLP

A sneak peek at what a religious accommodation trial might look like for a guy who can't work Sundays

After the case went all the way to the U.S. Supreme Court, on January 30 a federal district court denied dueling motions for summary judgment filed by Postmaster General Louis DeJoy, the U.S. Postal Service, and former Postal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Prayers for Religious Holiday Time Off May Need to be Accommodated by Employers

Knowing several religious holidays are coming up soon, employers can take steps to avoid triggering religious discrimination and reasonable accommodation lawsuits. Consistently applying paid time off rules can help to prevent...more

Whiteford

Employment Law Update: Workplace Religious Accommodations and Islamic Prayer

Whiteford on

Few issues are more sensitive for employers than accommodating employees’ religious practices and observances. In recent years, Muslim employees and their employers have struggled with how to handle the religious requirement...more

Holland & Knight LLP

Religious Institutions Update: July 2024

Holland & Knight LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

What lies beneath the “substantial increased costs” needed to reject a request for a religious accommodation?

Complete answers may be several years in the making. A year ago this month, in Groff v. DeJoy, the Supreme Court of the United States held that an employer who rejects a request for a religious accommodation “must show that...more

Seward & Kissel LLP

Employment Litigation Roundup - May 2024

Seward & Kissel LLP on

May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more

Jackson Lewis P.C.

Applying Groff, Indiana District Court Rules in Favor of Employer in Religious Accommodation Claim

Jackson Lewis P.C. on

Applying the U.S. Supreme Court’s decision in Groff v. DeJoy, which clarified the standard for undue hardship in religious accommodation cases under Title VII of the Civil Rights Act, a federal district court in Indiana...more

Jackson Lewis P.C.

Tips for Restaurants, Retailers When Faced With Sabbath Day Requests

Jackson Lewis P.C. on

Imagine you manage a busy restaurant, and you are working on the schedule for next week. Saturday is your busiest day, and you need all hands on deck, so you need to schedule everyone for that day. Just when you have the...more

Constangy, Brooks, Smith & Prophete, LLP

Chutzpah and the shifting defenses to requests for religious accommodation

Chutzpah is a Yiddish word derived from the Aramaic ḥuṣpāh. It means impudence, gall, and an audacious disregard for rules. In the world of employment law, it can aptly describe employees who try to get what they want...more

Parker Poe Adams & Bernstein LLP

EEOC Settlement of Flu Vaccine Mandate Shows Effect of New Religious Discrimination Standard

As flu and other respiratory virus rates peak across the U.S., hospitals and other health care providers are responding by taking measures such as limiting patient visitors. For years, one element of this response has...more

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more

Holland & Hart - Employers' Lawyers

Accommodating a Request for Worship Space in the Workplace

Question: Do employers need to provide a space for employees to worship and/or pray in the office? The short answer is: Maybe. You must reasonably accommodate em­ployees’ sincerely held religious, ethical, or moral...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Courts in Wisconsin and Kentucky Issue Decisions in Favor of Employers Facing COVID-19–Related Legal Issues

In September 2023, federal trial courts in Wisconsin and Kentucky issued decisions dismissing plaintiffs’ claims related to employers’ COVID-19 vaccination and testing requirements....more

Constangy, Brooks, Smith & Prophete, LLP

Religious accommodations, Part 1: What’s a “religion”?

On September 25 a federal court in New York dismissed a lawsuit accusing an employer of failing to accommodate an employee’s religious beliefs as a member of the “Temple of the Healing Spirits” located in “Deland city,...more

Constangy, Brooks, Smith & Prophete, LLP

Hair, beards, and the invigorated duty to accommodate religious practices

Hair. In some religions it is considered a sacred gift from God that should not be cut. In other religions, it must be styled, covered, or cut in particular ways. These religious practices may result in employees’ requesting...more

Tucker Arensberg, P.C.

New Supreme Court Decision Puts More Pressure on Employers Who Receive a Religious Accommodation Request

Tucker Arensberg, P.C. on

Consider this: an employee refuses to accept Sunday shifts because, under his religion, that day is devoted to worship and rest. Is his employer legally required to accommodate him? For decades, the answer was easy....more

Bressler, Amery & Ross, P.C.

More Stringent Test in Evaluating Title VII Accommodation Claims and the Meaning of “Undue Hardship”

On June 29, 2023, in a unanimous opinion, the U.S. Supreme Court issued its long-anticipated decision in Groff v. DeJoy Postmaster General, clarifying an employer’s obligations to accommodate employees’ religious practices....more

WilmerHale

Supreme Court Miniseries: Religious Accommodation at Work

WilmerHale on

In the Public Interest is excited to continue our miniseries examining landmark decisions recently issued by the United States Supreme Court. The fourth episode examines the Court’s decision in Groff v. DeJoy, a case centered...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more

Stokes Wagner

The U.S. Supreme Court Redefines the Definition of “Undue hardship” with Respect to Request for Religious Accommodations Under...

Stokes Wagner on

The U.S Supreme Court issued an opinion in Groff v. DeJoy redefining an employer’s obligations for religious accommodations under Title VII. The Court strayed away from the almost five-decade standard previously used and...more

Bodman

Religious Accommodation Undue Hardship Becomes More Difficult to Meet Under Federal Law

Bodman on

Title VII of the Federal Civil Rights Act of 1964 (“Title VII”) requires employers to accommodate any employee’s sincerely held religious beliefs unless accommodation would result in an undue hardship. Historically, denial of...more

Miles & Stockbridge P.C.

Supreme Court Stiffens Standard for Religious Accommodations in the Workplace: What it Means for Employers

The Supreme Court ruled unanimously last month in favor of an evangelical Christian postal worker who refused to work on Sundays due to Sabbath observance....more

Constangy, Brooks, Smith & Prophete, LLP

Will your prayers be answered on religious accommodations? Probably not.

In the past 30 days the U.S. Supreme Court unanimously agreed that denial of a religious accommodation requires proof of a real “undue hardship,” Sen. Bill Cassidy (R-La.) sent a letter to the EEOC asking how it intended to...more

Mintz - Employment Viewpoints

Employers Need to Go Further to Accommodate an Employee’s Religion

The U.S. Supreme Court recently issued a unanimous opinion in Groff v. DeJoy that effectively made it easier for employees to secure religious-based accommodations in the workplace. Prior to DeJoy, an employer could...more

Pullman & Comley - Labor, Employment and...

The Supreme Court Imposes New Obligations on Employers to Accommodate Employees’ Religious Practices

In a case decided last month, the U.S. Supreme Court made it more difficult for employers to deny employees’ requests for accommodations for their religious practices, rejecting the understanding of Title VII (the fundamental...more

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