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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
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
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
Employment discrimination in the workplace is alive and well. Indeed, according to Monster’s recent Workplace Discrimination Poll, only 9% of workers claim to have NOT faced some form of workplace discrimination. There have...more
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
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
May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more
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
In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more
In September 2023, federal trial courts in Wisconsin and Kentucky issued decisions dismissing plaintiffs’ claims related to employers’ COVID-19 vaccination and testing requirements....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 a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the standards for balancing an employee’s religious accommodation request against the potential undue hardship that such a request may impose...more
The U.S. District Court for the Western District of Wisconsin recently addressed an employer's responsibilities to accommodate an employee's religious beliefs. In EEOC v. Walmart Stores East, LP, the court examined whether...more
Employers must walk a tightrope when dealing with an employee or applicant seeking a religious accommodation as demonstrated by two recent court cases with opposite results....more
In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation...more