News & Analysis as of September 20, 2024

Undue Hardship

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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 -

Restaurant Settles EEOC Lawsuit Based on Denying Cook’s No-Sundays Request: 6 Steps for Handling Religious Accommodation Requests

Fisher Phillips on 8/20/2024

A North Carolina restaurant franchisee has agreed to pay $40,000 and take other corrective measures to settle a religious discrimination and retaliation lawsuit filed by the EEOC after being accused of denying a cook’s...more

Religious Institutions Update: July 2024

Holland & Knight LLP on 7/12/2024

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

Accommodation Requirements for Pregnant Employees Are Similar to ADA Protections

Troutman Pepper on 7/27/2023

Q: Does the federal Pregnant Workers Fairness Act (PWFA) require workplaces to change their accommodation and leave practices in a significant way?...more

Seventh Circuit Takes On Religious Discrimination

Manatt, Phelps & Phillips, LLP on 5/24/2023

The Seventh U.S. Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in a religious discrimination case involving a teacher who refused to call transgender students by their chosen names....more

OFCCP Week In Review: November 2021

DirectEmployers Association on 11/2/2021

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

District Court Permits Walmart to "Rollback" Job Offer Because of Undue Hardship from a Religious Accommodation

Hinshaw & Culbertson LLP on 2/26/2020

The U.S. District Court for the Western District of Wisconsin recently addressed an employer's responsibilities to accommodate an employee's religious beliefs. In EEOC v. Walmart Stores East, LP, the court examined whether...more

Religious Accommodation Requests: What Employers Should Know

Akerman LLP - HR Defense on 2/19/2019

Employers must walk a tightrope when dealing with an employee or applicant seeking a religious accommodation as demonstrated by two recent court cases with opposite results....more

Appeals Court Rejects Retaliation Claim Based On Religious Accommodation Request

Fisher Phillips on 11/15/2018

In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation...more

Religion and The Workplace (Presentation)

Jackson Walker on 11/8/2018

...more

J.C. Witherspoon To Pay $53,000 To Settle EEOC Religious Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 6/21/2018

Logging Company Fired Hebrew Pentecostal Truck Driver Because of His Sabbath Requirement, Federal Agency Charged - CHARLESTON, S.C. - J.C. Witherspoon, Jr. Inc., an Alcolu, S.C.-based logging company, will pay $53,000 and...more

Five Tips For Handling Tricky Religious Accommodations

Holland & Hart - Employers' Lawyers on 3/30/2018

When an employee’s religious beliefs conflict with a workplace policy, you need to consider whether a reasonable accommodation can be made, without creating an undue hardship. Many times, these religious accommodations...more

XPO Last Mile Will Pay $94,541 To Settle EEOC Religious Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 1/31/2018

Logistics Company Rescinded Job Offer to Jewish Employee Who Could Not Work on Rosh Hashanah, Federal Agency Charges - BALTIMORE - XPO Last Mile, Inc., a logistics company that specializes in the delivery of items such as...more

Mission Hospital Agrees to Pay $89,000 To Settle EEOC Religious Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 1/15/2018

Asheville Hospital Fired Employees for Declining Flu Vaccination, Federal Agency Charged - ASHEVILLE, N.C. - Mission Hospital, Inc., a North Carolina corporation based in Asheville and the main hospital of Mission Health...more

The Devil is in the ... Biometric Scanner? Fourth Circuit Finds Employer Failed to Accommodate Employee’s Religious Belief

Bradley Arant Boult Cummings LLP on 6/14/2017

Just how far do you have to go to accommodate an employee’s off-the-beaten-path religious belief? The 4th Circuit Court of Appeals recently ruled that you at least have to give the same accommodations you give to disabled...more

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

Cozen O'Connor on 9/15/2015

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

Supreme Court: Motive Matters in Hiring Decisions

McNees Wallace & Nurick LLC on 6/9/2015

Last week, in EEOC. v. Abercrombie & Fitch Stores, Inc., the Supreme Court addressed religious accommodations under Title VII of the Civil Rights Act of 1964. The background of the case dates to 2008. A young woman...more

Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters

Kelley Drye & Warren LLP on 6/8/2015

As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against...more

The Supreme Court’s Decision in EEOC v. Abercrombie: What Can Employers Do to Reduce the Risk of Religious Discrimination Claims...

Bond Schoeneck & King PLLC on 6/3/2015

On June 1, the Supreme Court issued an 8-1 decision in EEOC v. Abercrombie & Fitch Stores, Inc., holding that Title VII of the Civil Rights Act prohibits a prospective employer from refusing to hire an applicant in order to...more

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