News & Analysis as of September 19, 2024

Title VII › Free Speech

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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 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 -

Recommendations for DEI Programs in the Wake of Recent Federal Court Decision Findings on Diversity Initiatives

Foster Swift Collins & Smith on 8/2/2024

On June 3rd, 2024, the 11th Circuit Court of Appeals issued a decision, American Alliance for Equal Rights v. Fearless Fund Management Fund, LLC, et al, that impacts considerations for how diversity, equity and inclusion...more

Fifth Circuit Scrutinizes Corporate Diversity Initiatives

Butler Snow LLP on 4/2/2024

After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on...more

DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/15/2024

On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity,...more

EEOC Reminds Employers of Limits on Workplace Proselytizing

Parker Poe Adams & Bernstein LLP on 8/18/2023

The U.S. Supreme Court recently held that the First Amendment’s guarantee of free speech protects a business from antidiscrimination laws when that company acts in accordance with its owner’s professed beliefs. ...more

Religious Institutions Update: July 2023

Holland & Knight LLP on 7/27/2023

Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

U.S. Supreme Court Hands Down a Number of Significant Decisions Impacting Employers

Saul Ewing LLP on 7/7/2023

Last week, the Supreme Court issued two significant decisions impacting employers nationwide. The Court’s holding in Groff v. DeJoy requires employers to grant religious accommodations to employees, unless such accommodations...more

The Supreme Court Update - June 30, 2023

Dorsey & Whitney LLP on 7/3/2023

Today, in the last day of the 2022-2023 term, the Supreme Court of the United States issued three decisions: Department of Education v. Brown, No. 22-535; Biden v. Nebraska, No. 22-506: These cases addressed suits...more

Florida’s Stop Woke Law Is Sedated - Judge Blocks Law Limiting Workplace Bias Trainings

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/22/2022

On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring...more

What Employers Need To Know in a Post-Roe World

Burr & Forman on 6/30/2022

On June 24, 2022, the Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, the 1973 ruling that protected a woman’s right to have an abortion. In Dobbs, the Supreme Court...more

Employment Implications Arising from Dobbs v. Jackson Women's Health Organization

Holland & Knight LLP on 6/30/2022

The U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization on June 24, 2022, overturning Roe v. Wade and Planned Parenthood v. Casey and holding that there is no right to abortion in the U.S....more

Religious Institutions Update: October 2021

Holland & Knight LLP on 10/6/2021

Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more

California Employment Law Notes - July 2021

Proskauer - California Employment Law on 7/20/2021

Board of Directors Quota Law May Be Unconstitutional - Meland v. Weber, 2021 WL 2521615 (9th Cir. 2021) - n 2018, the California Legislature enacted Senate Bill 826, which requires all corporations headquartered in...more

Religious Institutions Update: March 2021

Holland & Knight LLP on 3/24/2021

Attendance Limitations on Houses of Worship Enjoined In Agudath Israel of America v. Cuomo, 983 F. 3d 620 (2d Cir. 2020), the court of appeals reversed two district courts and ruled that an executive order that limited...more

Whole Foods Prevails Against Racial Bias Claims

Hinshaw & Culbertson - Employment Law... on 2/15/2021

With political and social activism surging in the workplace, Frith et al. v. Whole Foods Market Inc. et al., may prove to be the tip of the iceberg when it comes to employee discrimination claims. At issue in the polarizing...more

Political Discussions In The Workplace

Jackson Lewis P.C. on 10/28/2020

As Election Day nears, employers across the country may be wondering how they can properly address political discussions in the workplace. This article provides employers simple and straightforward strategies for managing...more

Religious Institutions Law Update: October 2020

Holland & Knight LLP on 10/15/2020

In Calvary Chapel Dayton Valley v. Sisolak, 140 S.Ct. 203 (2020), the U.S. Supreme Court declined to enjoin Nevada Gov. Steve Sisolak's emergency order capping in-person services at 50 people regardless of facility size while...more

Five Issues for Employers to Consider as Political and Social Activism Surges in the Workplace

Hinshaw & Culbertson - Employment Law... on 9/23/2020

Six months into a global pandemic, employers across the United States continue to deal with a series of new economic realities. More employees are working from home, with companies continuing to reevaluate their business...more

The Race for a COVID-19 Vaccine – Planning for the Employer Response

Littler on 9/18/2020

Introduction - Many employers are hopeful that a vaccine for COVID-19 will be the silver bullet that will enable employers to return to some semblance of a pre-COVID workplace. Assuming a vaccine is developed, can an...more

Religious Institutions Update: September 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on 9/4/2019

Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim - In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject...more

Political Speech Inside (and Outside) of the Workplace

Akerman LLP - HR Defense on 1/3/2019

The new year has brought a new Congress, an ongoing government shutdown, and rumblings of the first formal campaign announcements for 2020. With more voters participating in last year’s election than ever before, employers...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

Can You Fire Someone For Racist Tweets?

Zuckerman Spaeder LLP on 6/5/2018

On May 29, Roseanne Barr posted a tweet comparing former Obama adviser Valerie Jarrett to an ape. ABC’s reaction was swift and decisive: it fired Barr and cancelled her show. ABC’s decision led to pontification from...more

Education Newsletter: Volume 2 Number 1

Dickinson Wright on 1/4/2018

ARIZONA - Chandler, Arizona - In August and September reports came to light of victims of alleged hazing and sexual assault at Hamilton High School. The reported incidents were shocking. Assaults occurred between...more

Religious Institutions Update: November 2017 - Lex Est Sanctio Sancta

Holland & Knight LLP on 11/30/2017

Timely Topics - Serious data breaches have become routine in the United States, yet a recent survey shows that the majority of religious institutions do not have a full-time IT professional, have no system to detect a...more

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

Womble Bond Dickinson on 11/3/2017

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

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Title VII › Free Speech

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