Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more
Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more
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 Starkey v. Roman Catholic Archdiocese of Indianapolis, No. 1:19-cv-03153 (S.D. Ind. August 11, 2021), a federal court rejected a Catholic school guidance counselor’s employment discrimination suit, ruling her claims were...more
Here's what's been going on this week. Some noteworthy labor and employment developments from the past week, in no particular order: Court rules against Christian teacher who wouldn't use kids' names, preferred...more
Attendance Limitations on Houses of Worship Enjoined In Agudath Israel of America v. Cuomo, 983 F. 3d 620 (2d Cir. 2020), the court of appeals reversed two district courts and ruled that an executive order that limited...more
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
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
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
The Equal Employment Opportunity Commission voted on January 15, 2021, to finalize long-awaited revisions to its Compliance Manual covering religious bias in the workplace and addressing protections for religious employers....more
Religious schools expressed relief when the United States Supreme Court expanded the application of the ministerial exception in July 2020 in the combined cases of Our Lady of Guadalupe School v. Morrisey-Berru and St. James...more
The EEOC recently released a draft of its updated guidance on religious discrimination, which – if adopted and finalized – could alter the legal standards applied in workplace disputes for the nation’s employers generally and...more
Here are 10 quick takes. The Equal Employment Opportunity Commission issued on Tuesday a proposed update to the Religious Discrimination section of its Compliance Manual. The current section of the Compliance Manual has not...more
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
In Calvary Chapel Dayton Valley v. Sisolak, 140 S.Ct. 203 (2020), the U.S. Supreme Court declined to enjoin Nevada Gov. Steve Sisolak's emergency order capping in-person services at 50 people regardless of facility size while...more
Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more
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
On July 8, 2020, in Our Lady of Guadalupe School v. Morrissey-Berru, the United States Supreme Court reaffirmed its stance on the application of ministerial exception to employment discrimination cases as established in...more
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
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