Religious Use Law in South Florida
Episode 35: LGBTQ Workplace Inclusion and Rights
II-25 – Top 10 New Year’s Resolutions for Employers in 2018
This week we focus on a new case looking at the difficulties between balancing protections of religious belief with the rights and protections of LGBTQI+ individuals....more
Colleges and schools tend to value pluralistic communities that offer rich diversity and varied perspectives. That complex tapestry of backgrounds and life experiences adds dimension, but it can also bring strife between...more
The United States Court of Appeals for the Eleventh Circuit recently considered a long-running religious land use dispute involving the Thai Meditation Association of Alabama (TMAA) and the city of Mobile, Alabama. The...more
Some scholars say early spiritual practices regularly involved sacraments that elicited psychedelic experiences. See, e.g., Brian C. Muraresku, The Immortality Key: The Secret History of the Religion with No Name (2020)....more
SCOTUS Sets Aside New York Limits on Religious Gatherings- The U.S. Supreme Court’s decision to halt, on First Amendment grounds, enforcement of New York’s COVID-19-related restrictions on indoor worship services...more
On November 25, 2020, the U.S. Supreme Court ordered a preliminary injunction in Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87, holding that New York may not enforce 10- or 25-person congregation-size limits on...more
Seyfarth Synopsis: On the eve of Thanksgiving, the Supreme Court granted various religious groups’ request to temporarily block enforcement of an Executive Order issued by the Governor of New York that imposes occupancy...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
On October 20, 2020, the Office for Civil Rights (“OCR”) settled two religious discrimination complaints involving access to clergy during the Public Health Emergency. Both complaints arose from a hospital’s failure to permit...more
In three cases this term, the U.S. Supreme Court has affirmed the freedom of religious institutions to access government benefits and to make employment decisions....more
The rights of individuals and groups to exercise freedom of religion and freedom of association are bedrock principles of the American existence. However, conflicts sometimes arise between individuals and groups exercising...more
The White House recently announced two initiatives aimed at addressing perceived discrimination in education against students and institutions based on religion. We address one of those initiatives—proposed regulations aimed...more
Seyfarth Synopsis: Halloween is lurking just around the corner, and workplace festivities may present unusual challenges. Unsafe or offensive costumes, religious discrimination, and harassment are among the issues potentially...more
Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more
Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more
The competing interests of an individual’s First Amendment right to religious freedom and an individual’s right to be free from discrimination will be addressed by the Supreme Court of the United States (“SCOTUS”) in the...more
Employers and employees seem to be increasingly confronted with the issue of religion in the workplace. Is it just a feeling or a reality? The upsurge of religion in the workplace is an indisputable reality but its...more
Last week, the 5th Circuit Court of Appeals overturned a lower court’s injunction of the enactment of Mississippi’s “Protecting Freedom of Conscience from Government Discrimination Act” (HB 1523). As written about in a blog...more
President Trump has not wasted any time signing Executive Orders that push forward his agenda despite congressional opposition. Notably, the President signed thirty-two (32) executive orders during his first 100 days in...more
In a 10-3 decision, the 4th Circuit Court of Appeals yesterday upheld the nationwide injunction that had blocked President Trump’s second executive order banning certain travel into the country from taking effect. The Court...more
President Trump signed an executive order on religious liberty last week to commemorate the National Day of Prayer. Like many before it, the exact contents of this order were hotly anticipated, fueled by White House leaks and...more
Due to the recent terrorist attacks and headlines on religious extremism across Europe, the question of restricting religious expression in the workplace is becoming more prevalent for French employers. Employers would agree...more
On January 27, 2017, barely a week into office, President Donald J. Trump issued Executive Order 13769 for the stated purpose of “Protecting the Nation from Foreign Terrorist Entry into the United States.” Both vigorously...more
Late yesterday, the Ninth Circuit Court of Appeals refused to reinstate President Donald Trump’s immigration Executive Order (Order) which suspended the entry of aliens from seven countries into the United States for 90 days....more
Timely Topics - A draft executive order of President Donald Trump relating to religious freedom proposes several material changes to federal law. First, it would require the executive branches to recognize a broad scope...more