News & Analysis as of

Religious Discrimination

Rabbi Lacks Standing for some RLUIPA Claims, Says Federal Court

A federal court in Maryland has found that a rabbi was without standing to bring claims under RLUIPA’s nondiscrimination and equal terms provisions, since those claims can be brought only by an “assembly” or “institution.” ...more

Maryland Federal Court – Church’s Alleged Substantial Burden was Self-Imposed

A federal court in Maryland recently rejected a church’s RLUIPA and related constitutional claims, finding that the religious group’s claimed harm was self-created. The case demonstrates the importance of due diligence...more

Fair Housing Act Turns 50 and Continues to Evolve

Musicians need to practice their instruments, both to learn music and to hone their craft. A beginner’s practice might be difficult to listen to, but beginners usually do not practice for a long time. Professional musicians...more

“Vaccinate” Your Mandatory Flu Shot Policies Against Litigation

by Jackson Lewis P.C. on

As we have just survived one of the worst flu seasons in recent memory, now is a good time to consider whether you should implement or revise a mandatory flu shot policy for 2018. The Center for Disease Control and...more

What a Fool Believes? These Non-Fake Employment News Stories

by Littler on

Over the last few months, many employees have sounded the alarm about sexual harassment (not funny). One issued a false alarm about an impending nuclear disaster (also not terribly funny). Sometimes Human Resources...more

When the EEOC Comes Knocking - Federal Court Permits EEOC to Enter, Inspect, and Photograph Business Facility

by Poyner Spruill LLP on

Last week, a United States Magistrate Judge authorized a legal photographer and two EEOC lawyers to enter, inspect, and photograph Akebono Brake Corporation’s West Columbia, South Carolina facility.¹ Although Akebono...more

The Sliding Scale of Reasonable Accommodations

by Foley & Lardner LLP on

We have previously discussed how to protect against religious discrimination claims and best practices when addressing requests for religious accommodations. A recent decision from the U.S. Court of Appeals for the Tenth...more

North Carolina Hospital Settles Religious Discrimination Claims Over Flu Vaccine Policy

by Womble Bond Dickinson on

Many healthcare providers in North Carolina have instituted policies requiring their employees who have patient contact to receive the flu vaccine each year. Such policies will typically include a process by which an employee...more

Forcing The Flu Shot? DOJ Sues Over Flu Policy That Requires A Note From The Clergy

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Justice filed a lawsuit on behalf of a nursing home employee alleging she was forced to receive a flu shot to keep her job when she could not provide a note from a clergy member in support...more

Religious Land Use Controversy Brewing in Laurel, Maryland: Can a Church Worship in a Coffee Shop?

Redemption Community Church (the “Church”) has filed a federal lawsuit against the city of Laurel, Maryland (the “City”), after the City issued a cease and desist order prohibiting the Church from offering religious services...more

Satanists Sue Scottsdale, AZ Over Legislative Prayer Policy

The Satanic Temple and one of its members, Michelle Shortt, are suing the city of Scottsdale, Arizona and individual municipal officials in federal court, alleging that a Satanist was denied the opportunity to open a City...more

"This Week In Employment Law" Quiz!

Are you in the know? Yeah, I'm sorry. I should have an in-depth, incisive legal analysis of the Sixth Circuit panel decision in EEOC v. R.G. and G.R. Harris Funeral Homes, Inc. That was my plan, and I promise that I will...more

Employer Policies Involving The Flu Vaccine And Discrimination Under Title VII

According to the Centers for Disease Control (“CDC”), the United States experiences a flu season each year. With this year’s flu season considered one of the worst since the 2009-2010 pandemic, many employers wish to...more

Mandatory Flu Vaccines Land Healthcare Facility In Court

by Holland & Hart LLP on

After rescinding a job offer to an applicant, a Michigan healthcare provider finds itself in federal court defending a religious accommodation claim. If your organization requires employees to get flu vaccines, your policy...more

The Tenth Circuit Says That The Reasonableness Of Religious Accommodations Relating To Employees’ Observance Of Sabbath Requires...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit has recently vacated summary judgment in favor of an employer in a religious accommodation case that centers on what constitutes a “reasonable” accommodation of an employee’s observance of...more

Seventh Circuit Preaches on the Ministerial Exception

For the first time since a 2012 decision by the Supreme Court of the United States, the Seventh Circuit Court of Appeals elaborated on and applied the Supreme Court’s four-factor analysis to determine whether a position is...more

Church’s RLUIPA Claims Unripe And Moot, Says Federal Court

A federal district court in Illinois has dismissed religious discrimination and related claims alleged by the Church of Our Lord & Savior Jesus Christ (“Church”) against the City of Markham, Illinois (“City”), in connection...more

Eighth Circuit: Employer May “Elaborate” On Explanation For Termination During Litigation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent decision, the Eighth Circuit held that Title VII does not require an employer to provide an employee a reason for termination at the time of termination, and that an employer is not strictly...more

Cockfighting Not Sincerely Held Religious Belief, Rules Federal Court

In United States of America v. Cruz (F.D.N.Y. 2018), Hector Cruz pled guilty to the charge of knowingly attending a cockfighting event (a fight between two roosters) for sport and entertainment in the Bronx, New York, in...more

Memorial Healthcare Sued by EEOC For Religious Discrimination

Hospital Rescinded Job Offer Because of Applicant's Need for Religious Accommodation, Federal Agency Charges - DETROIT- The U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today that a...more

Decostar Industries to Pay $38,500 to Settle EEOC Religious Discrimination Suit

Company Fired Employee Over Religious Sabbath Request, Federal Agency Charged - ATLANTA - Decostar Industries, Inc., a manufacturer and supplier of automotive parts based in Carrollton, Ga., will pay $38,500 and provide...more

EEOC: Retaliation Tops Discrimination Charges Filed In Fiscal Year 2017

by Jackson Lewis P.C. on

Retaliation was the most common workplace discrimination charge received by the U.S. Equal Employment Opportunity Commission in fiscal year (FY) 2017, according to the agency. (The fiscal year runs from October 1 to September...more

Mahwah, NJ Agrees to Settle Eruv Dispute

In December, we reported that the Mahwah Township Council (“Council”) voted to withdraw two ordinances at the center of RLUIPA litigation involving the expansion of an eruv proposed by Bergen Rockland Eruv Association...more

Allenhurst, NJ Sued Under RLUIPA One Day and Settles the Next

The Borough of Allenhurst, New Jersey has settled a lawsuit against an Orthodox Jewish group just one day after the group filed suit in federal court alleging violations of RLUIPA’s unreasonable limits and exclusions and...more

2017’s Top Ten Employment Discrimination Claims

Late last month, a report was released on the number of workplace discrimination charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) during fiscal year 2017, which ran from October 1, 2016 through...more

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