News & Analysis as of

Religious Freedom Restoration Act

Sixth Circuit Rules that Employer Cannot Rely on the Religious Freedom Restoration Act to Defend Discrimination Claims by...

On March 7, 2018, the Sixth Circuit issued a ruling of first impression, holding that the Religious Freedom Restoration Act (“RFRA”) did not exempt an employer from liability for violating Title VII of the 1964 Civil Rights...more

Transgender, Transitioning, and Title VII: Sixth Circuit Provides Protected Status

Does discrimination based on gender identity fall within Title VII of the Civil Rights Act of 1964’s protection against discrimination “because of sex”? Adopting the U.S. Equal Employment Opportunity Commission’s (EEOC)...more

Sixth Circuit rules Title VII outweighs religious defense in case of transgender employee

by McAfee & Taft on

While the debate is still not settled as to whether Title VII’s prohibition on sex discrimination applies to LGBTQ workers, at least one more federal appeals court has officially weighed in on the subject. On March 7, 2018,...more

Sixth Circuit Holds Discrimination Based on Transgender Status is Prohibited Under Title VII

In a unanimous decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., a three-judge Sixth Circuit panel has held that discrimination on the basis of transgender status is “necessarily” discrimination on the basis of sex...more

Title VII Anti-Discrimination Protection Covers Transgender Employee, Appeals Court Rules

by Jackson Lewis P.C. on

The Equal Employment Opportunity Commission may pursue claims that an employee was discriminated against on the basis of transgender status in violation of Title VII of the Civil Rights Act, the federal appeals court in...more

Another Landmark Ruling: Court Says Transgender Discrimination Violates Federal Anti-Bias Law - Three Things You Need To Know...

by Fisher Phillips on

In what appears to be the first time a federal appeals court has extended the nation’s main federal employment discrimination statute to cover transgender and transitioning employees, the 6th Circuit Court of Appeals...more

Dorsey Pro Bono Clients Effect Change in TSA Screening of Native American Religious Items

by Dorsey & Whitney LLP on

The Native American Church of North America and its former President Sandor Iron Rope recently entered into a settlement agreement with the Transportation Security Administration (“TSA”) that will change how the agency trains...more

White House Narrows ACA Contraception Mandate

by Fisher Phillips on

The Department of Health and Human Services (HHS) just issued new rules which will limit the contraception coverage mandate covering employers under the Affordable Care Act (ACA). The new rules, released Friday, expand the...more

NLRB’s Enforcement of Secondary Boycott Restrictions Does Not Place Union Agent in Involuntary Servitude Nor Does It Encroach on...

Labor Day is upon us. It is fitting, therefore, to enter the weekend with another case that exemplifies the bizarre world of labor relations. Like the case of the human resource manager who turned on his employer, or the...more

Executive Order Regarding Contraceptive Mandate Directed toward Religious Employers

by McDermott Will & Emery on

Late last week, President Donald Trump signed an executive order directing federal agencies to look into exempting religious employers from the Affordable Care Act’s (ACA) contraceptive mandate. Qualifying religious employers...more

Church’s RLUIPA Claim Against an Illinois City is “Likely to Succeed”

The District Court for the Northern District of Illinois granted a preliminary injunction prohibiting the City of Markham from requiring the Original Bible Church of Illinois to obtain conditional use approval to use property...more

Nashville Islamic Center’s Religious Discrimination Claims Dismissed

A federal district court in Tennessee recently dismissed for lack of subject matter jurisdiction a claim by the Islamic Center of Nashville (ICN) lawsuit challenging a Tennessee property tax exemption law on religious freedom...more

Bare Amish Horses? It Depends.

Two Amish men have sued Auburn, Kentucky (population approx. 1,300) in a Kentucky state court over an ordinance requiring that horses wear equine diapers. The ordinance, passed in 2014, is intended to keep town streets clear...more

Health Care Reform in Transition While Congress Deliberates

by Ballard Spahr LLP on

Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

Texas Court Enjoins Enforcement of Regulation that Would Forbid Discrimination in Healthcare on the Basis of Gender Identity and...

by FordHarrison on

As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in...more

Health Care Group News: Texas District Court Preliminarily Enjoins Partial Enforcement of Section 1557

by Murtha Cullina on

In May of last year, the United States Department of Health and Human Services ("HHS") enacted regulations implementing Section 1557 of the Affordable Care Act. These regulations aimed to enhance language assistance and...more

Federal Judge Blocks Transgender Protections

by Fisher Phillips on

On Saturday, December 31, 2016, a federal judge in Texas entered a nationwide preliminary injunction barring the enforcement of antidiscrimination protections pertaining to transgender and abortion health services and...more

Employment Law Navigator – Week in Review: August 2016 #4

by Zelle LLP on

Last week, a federal judge dismissed a transgender discrimination lawsuit brought by the EEOC, citing the company owner’s religious beliefs and the Religious Freedom Restoration Act. The case involved the termination of a...more

EEOC Loses Landmark Transgender Discrimination Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In one of the first two ever transgender discrimination cases brought by the EEOC, a federal court in Michigan granted the employer’s motion for summary judgment, finding the employer met its burden in...more

BREAKING: Detroit-Area Funeral Home Wins In EEOC Transgender Case

Remember EEOC v. R.G. & G.R. Harris Funeral Homes? This was the transgender discrimination case brought by the Equal Employment Opportunity Commission against a suburban Detroit funeral home chain for allegedly discriminating...more

The Contraceptive Saga Continues

In Zubik v. Burwell, the justices vacated and remanded six federal appellate judgements on whether an accommodation (described below) for employers with religious objections to providing coverage for some or all contraception...more

Government Requests Information on ACA Contraceptive Mandate

In a recent Supreme Court case, Zubik v. Burwell, the justices vacated and remanded six federal appellate judgements on whether an accommodation (described below) for employers that object to providing contraceptive coverage...more

July 2016: Appellate Update

The Effects of an Eight-Justice Supreme Court. Since Justice Scalia’s passing in February, the Supreme Court has operated with only eight justices, and it will continue to do so for as long as the Senate declines to consider...more

Ninth Circuit Rejects Hawaii Cannabis Ministry’s RFRA Challenge

The U.S. Court of Appeals for the Ninth Circuit recently upheld the convictions of two ministers of the Hawaii Cannabis Ministry who admitted using and distributing large quantities of cannabis in accordance with their...more

Supreme Court Returns Affordable Care Act Contraceptive-Coverage Cases to Lower Courts

by Jackson Lewis P.C. on

The U.S. Supreme Court has unanimously remanded a consolidated appeal of seven cases addressing the contraceptive-coverage “accommodation” for religious organizations under the Affordable Care Act (ACA) to the Courts of...more

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