News & Analysis as of August 23, 2025

Corporate Counsel

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

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

Pietragallo Gordon Alfano Bosick & Raspanti,... on 5/2/2025

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

Second Circuit Rejects Claim of Employee Fired for Refusing to Attend Training Session on LGBTQ Bias

Littler on 3/17/2023

The U.S. Court of Appeals for the Second Circuit has rejected an employee’s claim that he was unlawfully discriminated against based on religion after he refused to attend mandatory LGBTQ anti-discrimination trainings. In...more

Employer Justified in Terminating Employees Who Hosted Christmas Party During COVID-19

Parker Poe Adams & Bernstein LLP on 10/21/2022

During the height of the COVID-19 pandemic, employers were understandably concerned that regardless of the measures taken to prevent workplace infections, employees could still place co-workers and third parties in...more

Was There a Rainbow Connection? Arkansas Court Allows Religious Discrimination Case to Go Forward over Apron Symbol

Bradley Arant Boult Cummings LLP on 6/28/2022

Accommodating an employee’s sincerely held religious beliefs can be tricky. In EEOC v. Kroger, a court in Arkansas gives some guidance on how to handle these claims. The case law surrounding religious failure-to-accommodate...more

Emerging Trends In COVID-19 Workplace Litigation

Fisher Phillips on 8/6/2020

As of this writing, employees from across the country have filed more than 430 COVID-19-related lawsuits against their employers and former employers. Not all of these claims have focused on the Family First Coronavirus...more

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

Seyfarth Shaw LLP on 1/31/2020

Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

Men Refusing To Work Alone With Women: The HR And Legal Guide

Fisher Phillips on 12/11/2019

Can a sincerely held religious belief – or a wife’s personal jealousy – justify a male employee refusing to work with women coworkers or other professional contacts? A federal district court in North Carolina is poised to...more

UK HR Two Minute Monthly: religious discrimination; third-party harassment; investigations

BCLP on 11/25/2019

Our November update considers recent developments in employment law, including cases on religion and belief discrimination, third party harassment and investigations. We also outline other points of note, including the new EU...more

UK Court Upholds Dismissal Based on Religious Employee’s Workplace Proselytising

Littler on 6/14/2019

The Court of Appeal in the United Kingdom recently held that the dismissal of a nurse for improperly proselytising at work was fair (Kuteh v Dartford and Gravesham NHS Trust)....more

Coming Clean About Religious Discrimination: How A Hotel’s “Sins” Resulted In The “Holy Grail” Of Verdicts For A Dishwasher

Fisher Phillips on 3/7/2019

A Florida federal jury recently handed down a shocking $21.5 million verdict in favor of a dishwasher alleging religious discrimination when she was fired after refusing to work Sundays. This case begs the question... how did...more

Appeals Court Rejects Retaliation Claim Based On Religious Accommodation Request

Fisher Phillips on 11/15/2018

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

Eighth Circuit: Employer May “Elaborate” On Explanation For Termination During Litigation

Seyfarth Shaw LLP on 2/21/2018

Seyfarth Synopsis: In a recent decision, the Eighth Circuit held that Title VII does not require an employer to provide an employee a reason for termination at the time of termination, and that an employer is not strictly...more

Religious Discrimination Against One of "Your Own"? Yes, It Can Happen.

Constangy, Brooks, Smith & Prophete, LLP on 1/26/2018

It's possible to discriminate against someone of your own faith. And illegal. Carl Smith, a Catholic, was a trainee in Philadelphia's Department of Licenses and Inspection. ...more

Employer Vaccine Programs: A Case Where Religion is NOT a Factor

Kelley Drye & Warren LLP on 1/26/2018

This year flu season came early and with a vengeance. As we mentioned in our October post, The Rise of Employee Religious Discrimination Claims, mandatory flu vaccines present a common pitfall for employers. As employers seek...more

No Religious Bias Against Hospital Employee Who Refused to Get Flu Shot

Seyfarth Shaw LLP on 1/4/2018

Seyfarth Synopsis: Mandatory vaccines and flu shots present challenges to employers attempting to accommodate the sincerely held religious beliefs of employees. In this case, a hospital worker claimed that he was terminated...more

Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

Seyfarth Shaw LLP on 10/2/2017

Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more

Mining company doomed in resurrected 'mark of the beast' lawsuit

Burr & Forman on 8/8/2017

The U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) recently decided a religious accommodation case in which a jury awarded a former employee more than half a million dollars. The Equal...more

Court Rules Request for Religious Accommodation Is Not “Protected Activity” for Title VII Retaliation

Seyfarth Shaw LLP on 7/20/2017

Seyfarth Synopsis: A recent decision by a federal district court in Minnesota held that a religious accommodation request is not “protected activity” under Title VII. In defending retaliation litigation, employers should...more

June 2017: The Top 15 Labor And Employment Law Stories

Fisher Phillips on 7/7/2017

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

Best practices for employers under the EEOC’s new strategic enforcement plan

McAfee & Taft on 6/28/2017

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

HospitalityStaff To Pay $30,000 To Settle EEOC Religious Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 6/15/2017

Staffing Company Refused to Accommodate Rastafarian Employee's Dreadlocks, Federal Agency Charged - ORLANDO, Fla. - An Orlando staffing company dedicated to Central Florida's massive hospitality industry will pay $30,000...more

Anti-Muslim Rhetoric in the Workplace: An Employer’s Guide to Risks & Prevention

Seyfarth Shaw LLP on 5/23/2017

Seyfarth Synopsis: Anti-Muslim rhetoric dominates many media headlines. A May 9, 2017 decision by the U.S. Court of Appeals for the Second Circuit highlights the risks to an employer when anti-Muslim rhetoric enters the...more

European Court Clarifies Legality of Banning Islamic Headscarves in the Workplace

Littler on 3/21/2017

On March 14, 2017, the Court of Justice of the European Union (“ECJ”) issued a significant ruling clarifying when an employer may prohibit employees from wearing visible signs of their religious beliefs in the workplace. The...more

EEOC Announces New Enforcement Priorities - Gig Economy, High Tech Sector In The Crosshairs

Fisher Phillips on 10/20/2016

Earlier this week, the Equal Employment Opportunity Commission (EEOC) announced a new series of enforcement priorities on which it will focus over the next five years. By releasing its second-ever Strategic Enforcement Plan,...more

‘Tis The Season for Sneezin’ – Where Does The Law Stand On Mandatory Flu Vaccines?

Kelley Drye & Warren LLP on 9/15/2016

Fall is in the air – when the air becomes crisp, our thoughts turn to Halloween, turkey and — thanks to constant reminders — and our annual flu vaccine. Many health care facilities have implemented policies which...more

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