News & Analysis as of

Undue Hardship Discrimination

Manatt, Phelps & Phillips, LLP

Seventh Circuit Takes On Religious Discrimination

The Seventh U.S. Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in a religious discrimination case involving a teacher who refused to call transgender students by their chosen names....more

Holland & Hart - Employers' Lawyers

Five Tips For Handling Tricky Religious Accommodations

When an employee’s religious beliefs conflict with a workplace policy, you need to consider whether a reasonable accommodation can be made, without creating an undue hardship. Many times, these religious accommodations...more

Fisher Phillips

New Jersey Now Bans Breastfeeding Discrimination

Fisher Phillips on

New Jersey Governor Chris Christie began his final week in office by signing 40 bills into law, including an amendment to the New Jersey Law Against Discrimination that immediately bars discrimination against breastfeeding...more

Lewitt Hackman

FRANCHISEE 101: 7-Eleven Ordered to Disclose Metadata

Lewitt Hackman on

A federal court has ordered 7-Eleven to disclose its metadata in three franchisees' claims that they were targeted for termination for financial, political and racially discriminatory reasons. Metadata is deep down "data...more

Morgan Lewis

Illinois Offers Greater Protections for Pregnant Workers

Morgan Lewis on

Employers should take note of the newly effective amendment to the Illinois Human Rights Act, which enhances protections for employees affected by pregnancy or childbirth, imposes accommodation requirements on employers, and...more

Fenwick & West LLP

Fenwick Employment Brief - January 2014

Fenwick & West LLP on

EEOC Position Statement Comes Back to Bite Employer in Civil Lawsuit - In Kwan v. Andalex Group, LLC, the Second Circuit (covering New York, Connecticut and Vermont) considered the impact of prior inconsistent...more

Genova Burns LLC

New York City Employers Must Prove Indefinite Leave Request is Undue Hardship

Genova Burns LLC on

The New York Court of Appeals ruled last Thursday that a disabled employee’s request for an indefinite leave of absence is not a per se unreasonable accommodation under the New York City Human Rights Law. Rather, the state’s...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Star Transport, Inc. for Religious Discrimination

Agency Charges Trucking Company Failed to Accommodate and Wrongfully Terminated Two Muslim Employees For Refusal to Deliver Alcohol Due to Religious Beliefs - PEORIA, Ill. - Star Transport, Inc., a trucking company...more

Bennett Jones LLP

The Duty to Accommodate Family Status (and Potentially Lifestyle Choices Too)

Bennett Jones LLP on

In an update last October (Accommodating Family Status – Needs vs. Preferences) we advised you that the Ontario Human Rights Tribunal established a new test for an employer’s duty to accommodate on the basis of family status...more

Partridge Snow & Hahn LLP

Employer Beware - Automatic termination policies are illegal. Just ask Sears.

Qualified employees with a disability are entitled to a reasonable accommodation from their employer to enable them to perform the essential functions of their job. One of the most difficult issues employers face is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Court Holds That Extended Leave Of Absence May Be A Reasonable Accommodation Under New York City Human Rights Law

LaCourt v. Shenanigans Knits, Ltd., No. 102391/11 (N.Y. Sup. Ct., N.Y. Cty., Nov. 14, 2012): While still employed by defendants, the plaintiff informed her supervisor of her recent breast cancer diagnosis and her decision to...more

K&L Gates LLP

Social Media and Beyond: California Ushers in New Employment Laws for 2013

K&L Gates LLP on

The California legislature was particularly busy this past session in enacting new laws that directly affect employers in 2013. The new laws address a wide variety of topics, including social media protections for employees;...more

Bennett Jones LLP

Accommodating Family Status – Needs vs. Preferences

Bennett Jones LLP on

Although the duty to accommodate employees with demanding child care responsibilities has long been recognized as part of an employer's duty to accommodate on the basis of family status, as a result of the aging Canadian...more

Ervin Cohen & Jessup LLP

Kick Us While We’re Down

When it comes to employment law, California is often cast as something similar to a socialist state: the People’s Republic of California. Employers, media commentators and members of a certain prominent political party...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

CA Governor Signs New Law Expanding Protection For Religious Dress And Grooming In The Workplace

On September 8, 2012, California Governor Jerry Brown signed into law Assembly Bill (AB) 1964 to amend Section 12926 of the California Government Code which embodies the California Fair Employment and Housing Act. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer Not Required To Accommodate Bus Driver’s No Sunday Work Request, Third Circuit Holds

In Fouche v. New Jersey Transit, No. 11-3031, 2012 U.S. App. LEXIS 14524, (3rd Cir. July 16, 2012), a bus driver sued his employer under Title VII and the New Jersey Law Against Discrimination for refusing to accommodate his...more

Mintz - Employment, Labor & Benefits...

Employment Advisory: EEOC Issues New Compliance Guidance on Religious Discrimination in the Workplace in Response to a Dramatic...

In July, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new section (Section 12) to its Compliance Manual specifically related to religious discrimination in the workplace. Section 12 includes a...more

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