News & Analysis as of June 1, 2025

Religious Discrimination

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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 -

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

Pietragallo Gordon Alfano Bosick & Raspanti,... on 5/2/2025

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

Groff v. DeJoy and Its Impact on Religious Accommodation

Spilman Thomas & Battle, PLLC on 12/27/2023

Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees and applicants on the basis of religion (as well as race, color, sex, and national origin), and it...more

Key California Employment Law Cases: June 2019

Payne & Fears on 8/29/2019

This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

The Labor and Employment Horizon—2019

Jackson Walker on 1/24/2019

If there has been one constant in employment law over the last generation, it is change. The forecast for 2019 is no different. In Congress, the Supreme Court, and the Texas Legislature, employers can expect developments that...more

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/8/2018

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

June 2017: The Top 15 Labor And Employment Law Stories

Fisher Phillips on 7/7/2017

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

Supreme Court Ruling Endangers Ignorance Defense

Laner Muchin, Ltd. on 9/28/2015

Until now, job application and interview questions that reveal applicants’ protected characteristics have been strongly discouraged. In an economy where dozens of people apply for a vacant job posting, knowing too much about...more

Can Kim Davis Be Fired? What CA Employers Should Know About Religious Accommodations

Lewitt Hackman on 9/16/2015

Last June, the U.S. Supreme Court determined that same-sex marriages are a fundamental liberty protected by the 14th Amendment of the U.S. Constitution – and that states must issue marriage licenses to same-sex couples....more

Despite Abercrombie, Fifth Circuit Again Rejects Claim From Employee Fired for Refusing to Read Rosary

Parker Poe Adams & Bernstein LLP on 9/8/2015

Earlier this year in its Abercrombie decision, the U.S. Supreme Court stated that an employee suing for religious discrimination did not have to demonstrate actual knowledge of an employee’s religious practices to trigger...more

That is SO last week - August 2015

Zelle LLP on 8/4/2015

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

Supreme Court Expands Religious Discrimination Liability

Maynard Nexsen on 7/31/2015

Most employers know that Title VII prohibits discrimination against applicants or employees based on religion. They also know that Title VII requires employers to provide reasonable, religion-based accommodations to employees...more

Muslim Applicant Can Proceed With Religious Discrimination Lawsuit

Proskauer - California Employment Law on 7/30/2015

Samantha Elauf, a practicing Muslim, wore a headscarf when she interviewed for a job with Abercrombie & Fitch. Although the headscarf was not discussed during the interview, the store allegedly decided not to offer Elauf a...more

The Final Resolution of EEOC v. Abercrombie & Fitch After the U.S. Supreme Court’s Decision

Weintraub Tobin on 7/22/2015

The EEOC issued a press release on July 20, 2015 announcing that the federal appeals court has dismissed Abercrombie & Fitch’s (“AF”) appeal of the EEOC’s religious discrimination case because AF made the decision to settle...more

Abercrombie Settles Religious Discrimination Case Following Supreme Court Ruling in Favor of EEOC

U.S. Equal Employment Opportunity Commission... on 7/21/2015

WASHINGTON - A federal appeals court today dismissed Abercrombie & Fitch's appeal of EEOC's religious discrimination case against the company, the federal agency announced today. This represents the final resolution of EEOC...more

Employment Flash - July 2015

Skadden, Arps, Slate, Meagher & Flom LLP on 7/17/2015

The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more

California Employment Law Notes - July 2015

Proskauer - California Employment Law on 7/17/2015

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

U.S. Supreme Court Rules Against Abercrombie In Headscarf Religious Accommodation Case

Laner Muchin, Ltd. on 7/7/2015

The U.S. Supreme Court reinstated the EEOC’s lawsuit against Abercrombie & Fitch Stores, Inc., alleging that Abercrombie violated Title VII of the Civil Rights Act of 1964 by refusing to hire a Muslim applicant, who wore a...more

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation

Fenwick & West LLP on 6/26/2015

Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to avoid accommodating a suspected, but unconfirmed religious practice, according to a recent United States Supreme Court...more

Fenwick Employment Brief - June 2015

Fenwick & West LLP on 6/24/2015

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation - Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to...more

Supreme Court Agrees With EEOC In Regard To Religious Accommodation

Poyner Spruill LLP on 6/23/2015

On June 1, 2015, the United States Supreme Court issued its opinion in EEOC v. Abercrombie & Fitch Stores in which it held that a job applicant can experience religious discrimination under Title VII of the Civil Rights Act...more

Supreme Court Holds Employers Must Make Religious Accommodations Even Without Actual Knowledge of Need for Accommodation

McGuireWoods LLP on 6/19/2015

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from, among other things, refusing to hire an applicant because of his or her religion or religious practice. As a general rule, employers must...more

U.S. Supreme Court’s Decision in EEOC v. Abercrombie & Fitch: It’s All About the Motive

Stoel Rives LLP on 6/19/2015

In a case Justice Antonin Scalia described as “really easy,” the Supreme Court held that an employer can be liable for failing to accommodate a religious practice even if the employer lacks actual knowledge of a need for an...more

Religious Institutions: June 2015

Holland & Knight LLP on 6/18/2015

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

Gavel to Gavel: Faith and consequences

McAfee & Taft on 6/17/2015

Last week’s decision by the U.S. Supreme Court on religious discrimination, EEOC v. Abercrombie & Fitch Stores Inc., may have the unintended effect of an increase in religious stereotyping in the workplace. The lawsuit...more

EEOC v. Abercrombie & Fitch Continued: Did the Supreme Court Pave the Way for ADA Claims Based on Nonobvious Disabilities?

Baker Donelson on 6/16/2015

Earlier this month, the Supreme Court decided EEOC v. Abercrombie & Fitch, a Title VII case involving religious discrimination. While the case did not directly involve the Americans with Disabilities Act (ADA), the...more

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Supreme Court of the United States › Hiring & Firing › Religious Discrimination

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