News & Analysis as of September 19, 2024

Title VII › Exemptions

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Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions. less -

Fifth Circuit Holds That Religious Employers May Be Entitled to Exemptions from Title VII's LGBTQ+ Requirements

Husch Blackwell LLP on 7/11/2023

In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the United States Court of Appeals for the Fifth Circuit held that religious employers may be exempt from Title VII requirements concerning sexual...more

Appeals Courts Divide Over Application of LGBTQ+ Nondiscrimination Law to Religious Businesses

Sherman & Howard L.L.C. on 6/28/2023

A federal court of appeals ruled last week that religious businesses may be partially exempt from Title VII — a statute that prohibits workplace discrimination because of sexual orientation, gender identity, and other...more

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

Littler on 8/22/2022

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more

EEOC Guidance Says Medical Exemptions to Vaccination Mandates Can Only Be Denied Based on Direct Threat

Parker Poe Adams & Bernstein LLP on 7/25/2022

The Equal Employment Opportunity Commission’s (EEOC) revised COVID-19 Technical Assistance Q&A clarifies how employers should evaluate employee requests for exemptions from mandatory vaccination requirements based on medical...more

EEOC Updates Guidance on Religious Exemptions to Workplace Vaccine Requirements

Foley Hoag LLP on 10/29/2021

On October 25, 2021, as more employers adopt workplace vaccination requirements for their employees, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning requiring COVID-19 vaccinations in...more

EEOC Revises Enforcement Guidance on Religious Discrimination

Patterson Belknap Webb & Tyler LLP on 2/9/2021

The Equal Employment Opportunity Commission (“EEOC”) recently updated its Compliance Manual Section on Religious Discrimination, seeking to clarify how Title VII of the Civil Rights Act of 1964 (“Title VII”) protects...more

Separation of Church and State: The Application of the Ministerial Exception to Certain Employment Laws

Bradley Arant Boult Cummings LLP on 1/26/2021

It is common knowledge among many human resources professionals that religious organizations generally are protected from religious discrimination lawsuits under Title VII of the Civil Rights Act and most state...more

The COVID-19 Vaccine and Healthcare Employers: To Mandate or Not to Mandate?

Arnall Golden Gregory LLP on 12/22/2020

With COVID-19 vaccines now being distributed to healthcare facilities, including hospitals, long-term care, and other healthcare providers, employers in these industries are faced with an immediate decision: whether to...more

The COVID-19 Vaccine Is Here - Can Employers Mandate Immunization?

Williams Mullen on 12/22/2020

COVID-19 vaccines are finally here. The rollout has begun in healthcare settings across the nation. However, despite broad support for the vaccines and their near-universal endorsement by the medical community, many...more

Employers, Employees and Mandatory COVID-19 Vaccinations

Bradley Arant Boult Cummings LLP on 12/15/2020

Exceeding almost everyone’s expectations, President Donald Trump’s Operation Warp Speed has reportedly delivered fantastic news about at least two highly effective COVID-19 vaccines. One vaccine is from Moderna; the other is...more

Can Employers Make Employees Get the COVID-19 Vaccine?

Dickinson Wright on 12/9/2020

With two COVID-19 vaccines set to receive federal approval in the United States in the upcoming weeks, the next question is whether employers can make employees receive the vaccine....more

The Employment Law Landscape in 2020

Proskauer - Law and the Workplace on 12/27/2019

2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more

Employment Flash - December 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 12/13/2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Federal Judges Halt Expanded Exemption From ACA Contraceptive Mandate

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/16/2019

In back-to-back decisions, two federal district court judges have blocked implementation of a Trump administration rule that would exempt more employers from the Patient Protection and Affordable Care Act (ACA) requirement...more

City of Los Angeles Mayor to Sign Long-Awaited and Onerous “Ban the Box” Law

Littler on 12/12/2016

In the next week, Los Angeles Mayor Eric Garcetti is expected to sign the Fair Chance Initiative for Hiring (Initiative), which will prohibit most private sector employers from inquiring into a job applicant’s criminal...more

EEOC Loses Landmark Transgender Discrimination Case

Seyfarth Shaw LLP on 8/19/2016

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

Religious Institutions Update: August 2016

Holland & Knight LLP on 8/19/2016

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

New Baltimore City Law Limits Employee Criminal Record Checks: How Health Care Employers Are Affected

Baker Donelson on 8/4/2014

Effective August 13, 2014, certain Baltimore City employers will be restricted from asking applicants and employees about their criminal history. However, many health care employers will be exempt from this new law either...more

Religious Institutions Update - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/3/2014

"Church plans" are pension plans (including defined benefit or defined contribution plans) exempt (without an irrevocable election) from many of the legal requirements of the Employee Retirement Income Security Act (ERISA)...more

SEC Further Extends Securities Law Exemptions for Security-Based Swaps

Goodwin on 2/14/2014

The SEC adopted amendments to the expiration dates of certain interim final rules adopted in July 2011. The interim final rules provide exemptions under the Securities Act of 1933, the Securities Exchange Act of 1934, and...more

CFTC Issues Guidance, Exemptions In Advance of SEF Rule Compliance Date

Latham & Watkins LLP on 10/18/2013

Staff responds to industry concerns and confusion surrounding SEF operations and onboarding. One of the key aspects of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act) is...more

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