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Supreme Court of the United States › First Amendment › Hiring & Firing

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Pietragallo Gordon Alfano Bosick & Raspanti,...

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

Pietragallo Gordon Alfano Bosick & Raspanti,... on

The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

Husch Blackwell LLP on

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

Payne & Fears

United States Supreme Court Clarifies the Scope of the Ministerial Exception

Payne & Fears on

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

Franczek P.C.

Supreme Court Justices Criticize School’s Discipline of Football Coach for Prayer During Game

Franczek P.C. on

The Supreme Court recently declined to hear a case involving a public school district that fired its football coach for kneeling and praying on the football field after games. ...more

Proskauer - Law and the Workplace

[Podcast]: Looking Back: Highlights in Labor and Employment Law from 2018

Proskauer - Law and the Workplace on

In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Nossaman LLP

Did You Know…SCOTUS Ruling on Personnel Decision based upon Perceived Political Affiliation Impacts Public Employers

Nossaman LLP on

The U.S. Supreme Court recently ruled on a matter involving “perceived affiliation”, bringing clarity to the matter, where the circuits provided discordant rulings. As a result, personnel actions based upon even mistaken...more

BakerHostetler

Supreme Court Extends Public Sector Employees' First Amendment Rights

BakerHostetler on

A public sector employee may now have a First Amendment and 42 U.S.C. § 1983 claim even where the public sector employee has not engaged in protected First Amendment political activity. This may be the case if a public...more

Bradley Arant Boult Cummings LLP

Misread Signs: U.S. Supreme Court Finds Employer’s Mistaken Belief about Employee Supports Retaliation Claim

Bradley Arant Boult Cummings LLP on

Is it still retaliation if your boss fired you for something you didn’t actually do? In Heffernan v. City of Paterson, New Jersey, the U.S. Supreme Court said yes—your boss’s mistake does not get him off the hook for the...more

Best Best & Krieger LLP

Demotion Based on Mistaken Belief Deprives Public Employee of Constitutional Rights

Best Best & Krieger LLP on

U.S. Supreme Court Decision in Case Involving Political Campaigning Accusations - A government agency violated the constitutional rights of an employee who was demoted based on the mistaken belief that he violated the...more

McNees Wallace & Nurick LLC

But I Didn’t Mean To! U.S. Supreme Court Says Employer Intentions Govern in First Amendment Retaliation Case

McNees Wallace & Nurick LLC on

For government employers, disciplining and terminating employees can be especially difficult. Not only does the public employer face the same challenges in complying with the standard alphabet soup of employment laws that...more

Cozen O'Connor

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

Cozen O'Connor on

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

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Proskauer - California Employment Law on

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash (June 2014)

Skadden, Arps, Slate, Meagher & Flom LLP on

In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

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