News & Analysis as of

Employment Litigation Religious Discrimination

Constangy, Brooks, Smith & Prophete, LLP

Three religious accommodation trends: The good, the bad and the “buckle up for turbulence”

Two years ago, the long dormant duty to accommodate employees’ religious beliefs and practices was awakened by the U.S. Supreme Court in Groff v. Dejoy. Gone were the days when an employer could justify the denial of a...more

Littler

The New Era of Religious Accommodations: Clarifying the Standard for “Sincere Religious Beliefs” and Evaluating Undue Hardship

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Since vaccines became available in response to COVID-19, courts have dealt with an onslaught of litigation involving religious accommodation in the workplace. Most recently, the U.S. Court of Appeals for the Second Circuit...more

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

Title VII Lawsuit in Utah Federal District Court Challenges Employee’s Firing After Making Online Posts

An in-house attorney recently sued his former employer in a Utah federal district court for discrimination and retaliation under Title VII of the Civil Rights Act of 1964, alleging he was unlawfully fired after posting social...more

Bradley Arant Boult Cummings LLP

Burn Grooming Policy, Burn? Third Circuit Reignites Bearded Firefighter’s Religious Accommodation and Free Exercise Claims

If you have a grooming policy based on safety factors (like no beards for firefighters), does that trump an employee’s request for a religious accommodation? Maybe not. A recent Third Circuit decision, Smith v. City of...more

Constangy, Brooks, Smith & Prophete, LLP

Dads have workplace rights, too -- with a twist.

Dad-of-seven will go to jury on religious discrimination. This sounds like the kind of thing that might happen to a woman, but this time it (allegedly) happened to a man. A devout Catholic man (we'll call him "Dad") was...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

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

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

Parker Poe Adams & Bernstein LLP

Supreme Court Rejects Challenge to McDonnell Douglas Discrimination Claims Analysis

Since 1973, federal courts reviewing claims of employment discrimination have used a framework first established by the U.S. Supreme Court’s McDonnell Douglas decision. Under this framework, plaintiffs must show a prima facie...more

Littler

UK Court of Appeal Decision Addresses Tension Between Religious Beliefs and Reputational Damage

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The UK Court of Appeal (CA) has handed down its judgment in the case of Higgs v. Famor’s School, adding to the growing body of case law that examines the complex issue of balancing employees’ freedom to express potentially...more

BCLP

Unlawful Deductions Backstop, Religious Belief Dismissals, Plus a News Round-up: UK HR Two Minute Monthly - February 2025

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Our employment law update for February sees new cases on the two-year backstop on compensation in unlawful deductions cases and a Court of Appeal decision on religious belief discrimination relating to social media posts. We...more

Seyfarth Shaw LLP

Finding Religion on a Motion to Dismiss: Federal Court Concludes that Plaintiff’s Secular Concerns About COVID Vaccines Do Not...

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In a dispute over workplace vaccination requirements, a federal district court in Oregon joined a growing trend in workplace vaccination litigation when it ruled that a plaintiff’s allegations of religious conflict with...more

Hogan Lovells

Employment in the news | February 2025

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Although there’s been no further progress on the Employment Rights Bill, the courts and tribunals had an active month. The Court of Appeal opined on freedom of expression in the workplace, and the EAT considered injury to...more

Mayer Brown

Court of Appeal Hands Down Judgment in Higgs v Farmor's School Case

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The Court of Appeal handed down its highly anticipated judgment in the case of Higgs v Farmor's School. The judgment has significant implications for employers, where their employees express potentially controversial beliefs...more

Hogan Lovells

UK Court of Appeal provides guidance on freedom of expression in the workplace

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The decision makes it harder for employers to act against employees who express protected views to which others object. Disciplinary action in that situation could be discrimination because of an employee’s religion or...more

Sheppard Mullin Richter & Hampton LLP

Vax On: Fourth Circuit Reinstates Plaintiff’s Religious Bias Suit in COVID Vaccine Mandate Case

On January 7, the United States Court of Appeals for the Fourth Circuit reversed and remanded a district court’s dismissal of a plaintiff’s Title VII religious bias suit—holding the case was sufficient to survive a motion to...more

Poyner Spruill LLP

Faith, Fired, and Fourth Circuit: Court Resurrects Religious Discrimination Case Against Inova

Poyner Spruill LLP on

In a significant decision affecting employment discrimination law, the United States Court of Appeals for the Fourth Circuit has unanimously reversed the dismissal of a Title VII religious discrimination lawsuit brought by a...more

Mintz - Employment Viewpoints

New York Employers Must (Again) Provide Reproductive Health Notice of Rights in Employee Handbooks Following Second Circuit Ruling

New York employers are – once again – required to provide employees with notice regarding New York’s reproductive health decision making protections. The U.S. Court of Appeals for the Second Circuit vacated a lower court’s...more

Parker Poe Adams & Bernstein LLP

Mandatory COVID Testing Did Not Violate Employee's Religious Beliefs

Lawsuits challenging employers' authority to require measures intended to prevent COVID-19 infections continue to wend their way through the federal judiciary. Last month, the Seventh Circuit Court of Appeals rejected a claim...more

BakerHostetler

Inoculating Employers Against Religious Discrimination Claims - Sixth Circuit Gives University Victory over Employee’s Religious...

BakerHostetler on

It is cold and flu season, and COVID-19 remains an ongoing threat. Have you inoculated your workplace against claims of religious discrimination?...more

Seyfarth Shaw LLP

Seventh Circuit: Religious Discrimination Claim Survives Motion to Dismiss Even if Request For Religious Exemption to COVID-19...

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Seyfarth Synopsis: In two cases issued by the Seventh Circuit, Passarella and Dottenwhy v. Aspirus, Inc. and Bube and Hedrington v. Aspirus Hospital, Inc. the Court held that at the motion to dismiss stage, the fact that a...more

Fisher Phillips

Restaurant Settles EEOC Lawsuit Based on Denying Cook’s No-Sundays Request: 6 Steps for Handling Religious Accommodation Requests

Fisher Phillips on

A North Carolina restaurant franchisee has agreed to pay $40,000 and take other corrective measures to settle a religious discrimination and retaliation lawsuit filed by the EEOC after being accused of denying a cook’s...more

BCLP

Balancing Protected Characteristics - Religious Belief v Sexual Orientation: Ngole v Touchstone Leeds

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This week we focus on a new case looking at the difficulties between balancing protections of religious belief with the rights and protections of LGBTQI+ individuals....more

Holland & Knight LLP

Religious Institutions Update: July 2024

Holland & Knight LLP on

Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

White and Williams LLP

Religious Discrimination Claims Expected to Spike

White and Williams LLP on

In the newest episode of The Employment Law Counselor in collaboration with the Professional Liability Underwriting Society, Jeff is joined by Tanya Salgado, Partner, to discuss how religious discrimination and religious...more

Goldberg Segalla

Employee Religious-Exemption Protections Safeguarded in COVID-19 Discrimination Claim

Goldberg Segalla on

On January 25, the U.S. District Court for the Eastern District of Pennsylvania denied the Children’s Hospital of Philadelphia’s (CHOP) motion to dismiss plaintiff Donald Glover’s complaint in Donald Glover v. The Children’s...more

Spilman Thomas & Battle, PLLC

Groff v. DeJoy and Its Impact on Religious Accommodation

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

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