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First Amendment › Employer Liability Issues › Equal Employment Opportunity Commission (EEOC)

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Husch Blackwell LLP

Proselytizing Online, Fired in Real Life: Are Anti-LGBTQ+ Views Protected by Title VII?

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Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating...more

Vorys, Sater, Seymour and Pease LLP

Diversity, Equity and Inclusion Back on the Chopping Block after Federal Appeals Court Ruling

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On Friday, March 14, 2025, a unanimous panel of the U.S. Court of Appeals for the Fourth Circuit stayed, pending appeal, the injunction previously entered by Judge Adam Abelson of the U.S. District Court for the District of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Court Blocks Certain Key Provisions of DEI Executive Orders, but Employers Should Continue Reviewing Practices and Policies

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On February 21, 2025, the U.S. District Court for the District of Maryland paused the enforcement of certain portions of the Trump administration’s executive orders related to diversity, equity and inclusion (DEI) efforts....more

Constangy, Brooks, Smith & Prophete, LLP

The intersection of partisan political speech and employee rights. Look both ways before crossing.

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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

Seyfarth Shaw LLP

No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 3)

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Seyfarth Synopsis: As reported here, for the two-year anniversary of the U.S. Supreme Court’s rulings regarding Article III standing in TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is providing a...more

Parker Poe Adams & Bernstein LLP

EEOC Reminds Employers of Limits on Workplace Proselytizing

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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

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 33, November 2020

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Litigators often refer to so-called "bad facts," which are the facts that have the potential to sink a case with a jury. This 33rd issue of Unprecedented discusses a case with perhaps the worst alleged set of "bad facts" that...more

Fox Rothschild LLP

EEOC’s Proposed Updates To Religious Discrimination Guidance Now Open For Public Comment

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On November 9, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 3-2 to release a proposed update to Section 12 of the EEOC Compliance Manual addressing religious discrimination. Section 12 of the...more

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

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Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Fisher Phillips

A Decade In Review: Workplace Law In The 2010’s

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When the calendar turned to January 1, we not only saw the dawn of a new year but the beginning of a new decade. It’s natural, at such a turning point, to spend some time looking back on what has transpired in the past 10...more

Jackson Walker

Religion and The Workplace (Presentation)

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...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

Sixth Circuit Finds EEOC’s Enforcement Of Title VII Does Not Need To “Give Way” To Religious Freedom Restoration Act

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Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong...more

Seyfarth Shaw LLP

The Sixth Circuit Sides With The EEOC’s Position On Scope Of Title VII Relative To Gender Identity

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Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong...more

Snell & Wilmer

Protecting Your Company Against the Perils of Office Parties

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Whether you’re ready or not, it’s almost time to deck the halls and pull out the punch bowl for your office holiday party. But before you start dusting off your religiously neutral décor, make sure you take steps to limit the...more

Parker Poe Adams & Bernstein LLP

Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

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Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash (June 2014)

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In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

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