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Hiring & Firing › Title VII › First Amendment

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Dinsmore & Shohl LLP

Smucker’s Vax Mandate Stands, Federal Court of Appeals Hands Broad Win to Federal Contractors

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Private companies doing business with the federal government won a major COVID-19-related victory recently when the Sixth Circuit held in Ciraci v. J.M. Smucker’s Co. that government contractors are not subject to...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

Sherman & Howard L.L.C.

Ministerial Exception Doesn’t Cover Christian College Professors, But Does Cover Catholic School Principals?

Sherman & Howard L.L.C. on

Even after the Supreme Court’s recent decision that the so-called “ministerial exception” barred employment discrimination claims brought by a pair of Catholic school teachers, lower courts continue to wrestle with the scope...more

FordHarrison

OWN’s Greenleaf Presents Ministerial Exception Issue

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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

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

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Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

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Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Dechert LLP

The U.S. Supreme Court Expands the Ministerial Exception

Dechert LLP on

On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

Payne & Fears

United States Supreme Court Clarifies the Scope of the Ministerial Exception

Payne & Fears on

In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

Seyfarth Shaw LLP

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

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Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

Holland & Knight LLP

Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on

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

Jackson Walker

Religion and The Workplace (Presentation)

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...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

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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

Zuckerman Spaeder LLP

Can You Fire Someone For Racist Tweets?

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On May 29, Roseanne Barr posted a tweet comparing former Obama adviser Valerie Jarrett to an ape. ABC’s reaction was swift and decisive: it fired Barr and cancelled her show. ABC’s decision led to pontification from...more

Bradley Arant Boult Cummings LLP

The More You Know... Or Others Think You Know: Fifth Circuit Finds Decision-maker Had Knowledge to Constitute Retaliation

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The Fifth Circuit has issued another opinion in the continuing saga of Jackson State University and its past athletic director, Dr. Vivian Fuller—this one about retaliation against a witness. To refresh everyone’s memory: A...more

Womble Bond Dickinson

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

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John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Seyfarth Shaw LLP

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

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Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

Sheppard Mullin Richter & Hampton LLP

[Event] Labor & Employment Law Update & Happy Hour - Oct. 15th, Los Angeles, CA

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Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments...more

Cozen O'Connor

Lessons Employers Can Learn from Kentucky Clerk’s Same-Sex Marriage License Dispute

Cozen O'Connor on

Almost every day the news carries an additional story about Kim Davis, the Rowan County, Kentucky clerk who has defied the Supreme Court by refusing to issue marriage licenses to same-sex couples. The Kim Davis story may be...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

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Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Hinshaw & Culbertson LLP

Spiritual Director Doesn't Have a Prayer When it Comes to Her Discrimination and Termination Claims

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Religious employers can rejoice once again, as yet another court upholds the ministerial exception and dismisses an employee's discrimination and termination claims....more

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