After the case went all the way to the U.S. Supreme Court, on January 30 a federal district court denied dueling motions for summary judgment filed by Postmaster General Louis DeJoy, the U.S. Postal Service, and former Postal...more
2/11/2025
/ Appeals ,
Civil Rights Act ,
Collective Bargaining ,
Employee Rights ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Groff v DeJoy ,
Jury Trial ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Beliefs ,
SCOTUS ,
Summary Judgment ,
Title VII ,
Undue Hardship
Considering the barrage of vitriolic campaign ads that invaded our homes on a nightly basis during the past year, you might think that political debate in America had reached a new low. Think again....more
1/16/2025
/ Civil Rights Act ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
NLRA ,
NLRB ,
Political Expression ,
Political Speech ,
State Labor Laws ,
Title VII ,
Wage and Hour
You have probably heard about the plight of Rudy Giuliani. Once known as “America’s Mayor” for his handling of the attack on the Twin Towers on September 11, 2001, Mr. Giuliani has fallen on hard times. Because of a $148...more
Inexorable. Something that cannot be moved, stopped, persuaded, or altered. In Title VII parlance, the "inexorable zero" is the complete absence of a protected group from a workforce or job classification. When accompanied...more
10/2/2024
/ Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Promotions ,
Protected Class ,
Recruitment Policies ,
Reverse Discrimination ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
You’ve got an employee who is an outspoken critic of your company’s equal employment policies or practices. He or she has violated your dress code by wearing anti-discrimination messages, fomented discontent amongst your...more
Chutzpah is a Yiddish word derived from the Aramaic ḥuṣpāh. It means impudence, gall, and an audacious disregard for rules. In the world of employment law, it can aptly describe employees who try to get what they want...more
3/12/2024
/ Back Pay ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Beliefs ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
Vaccinations ,
Wage and Hour
Mike Daniels is a 300-pound mound of sound who played defensive tackle in the National Football League. After receiving more than a few personal foul penalties during his 10-year career, he explained that “the second guy...more
In Part One of this two-part bulletin, we explored the expansive meaning of religious beliefs entitled to an accommodation under Title VII and the reluctance of courts to second guess whether a belief is “religious” in...more
On September 25 a federal court in New York dismissed a lawsuit accusing an employer of failing to accommodate an employee’s religious beliefs as a member of the “Temple of the Healing Spirits” located in “Deland city,...more
Hair. In some religions it is considered a sacred gift from God that should not be cut. In other religions, it must be styled, covered, or cut in particular ways. These religious practices may result in employees’ requesting...more
In its recent en banc opinion in Hamilton v. Dallas County, the U.S. Court of Appeals for the Fifth Circuit overturned nearly 30 years of precedent that required Title VII plaintiffs to allege that they had been subjected to...more
In the past 30 days the U.S. Supreme Court unanimously agreed that denial of a religious accommodation requires proof of a real “undue hardship,” Sen. Bill Cassidy (R-La.) sent a letter to the EEOC asking how it intended to...more
This year has come in like a lion and -- with the pandemic continuing, protesters still marching, and a presidential election looming -- it will not go out like a lamb. Issues ranging from systemic racism to wearing masks...more