Supreme Court Miniseries: Religious Accommodation at Work
DE Under 3: New Controversial Proposed Rule Affecting Title VII
California Employment News: Best Practices for Office Holiday Celebrations
DE Under 3: Employment Poster Requirements & the U.S. DOJ’s First-Ever Criminal Anti-Trust Prosecution
Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off
#WorkforceWednesday: EEOC Enforcement Uptick, New York Limits Private Confidential Settlements, Anti-Harassment Training for Virtual World - Employment Law This Week®
Return to Work: Employer-Mandated COVID-19 Vaccination Policies and Accommodating Employee Disabilities and Religious Beliefs
#WorkforceWednesday: The Biden EEOC, New Religious Guidance, and Diversity Training Ban Repealed - Employment Law This Week
Vaccines in the time of COVID [More with McGlinchey, Ep. 15]
II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez
Episode 08: Chat With Former EEOC General Counsel David Lopez
Employment Law This Week®: Sexual Orientation Bias, Religious Discrimination, At-Will Employment Provision, Class Arbitration
Annual Labor & Employment Update 2013
What is at will employment law?
Is Veganism a Religion? It May Well Be for Employers and Their Employees
On June 27, 2025, the United States Supreme Court issued its decision in Mahmoud v. Taylor, 606 U.S. ___ (2025), holding that the Montgomery County Board of Education’s introduction of LGBTQ+-inclusive storybooks into its...more
On May 22, 2025, the U.S. Supreme Court issued a per curiam decision in Oklahoma Statewide Charter School Board v. Drummond, resulting in a 4-4 split due to the recusal of Justice Amy Coney Barrett. The Court’s split decision...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
On Thursday, May 22, the Supreme Court of the United States issued two decisions: Kousisis v. United States, No. 23-909: This case addresses the elements of the federal wire fraud statute, 18 U.S.C. § 1343....more
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
On April 30, 2025, the United States Supreme Court heard oral arguments in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond. If the...more
On March 12, 2025, the Ninth Circuit issued its decision in Kumar v. Koester, dismissing a constitutional challenge to a university’s anti-discrimination policy that added “caste” as a protected class. Effective January 1,...more
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
Enhanced Airport Screening Did Not Violate Free Exercise Clause In Haidari v. Mayorkas, No. 22-cv-2939 (ECT/ECW), 2023 WL 5487351 (D. Minn. Aug. 24, 2023), the court dismissed the plaintiff's claim that federal agents have...more
The United States Supreme Court on Tuesday released its opinion in Carson v. Makin, holding that Maine’s “nonsectarian” requirement for otherwise generally available tuition assistance payments violates the Free Exercise...more
Last week, the First Circuit Court of Appeals rejected challenges to a Maine emergency rule requiring that health care workers be vaccinated against COVID-19. Originally scheduled to take effect on August 12, 2021, all Maine...more
This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more
In this episode, recorded on Sept. 14, Akin Gump Supreme Court and appellate practice co-head Pratik Shah returns to review the 2019 Supreme Court Term and preview the big cases and topics in the October 2020 Term. Among...more
On June 30, 2020, the U.S. Supreme Court issued its opinion in Espinoza v. Montana Department of Revenue, which has potential ramifications for public schools across the country that are losing money when students attend...more
In three cases this term, the U.S. Supreme Court has affirmed the freedom of religious institutions to access government benefits and to make employment decisions....more
Recently, the U.S. Supreme Court issued its decision in Espinoza v. Montana Department of Revenue, which held that a State’s decision to bar aid to religious schools violates the Free Exercise Clause of the U.S. Constitution....more
Historically, the ability of a governmental conduit issuer to issue bonds to facilitate a financing for a religious organization or a religiously affiliated school, university, senior housing facility or other nonprofit...more
In another high-profile 5-4 decision, the majority of the United States Supreme Court ruled on June 30 in Espinoza v. Montana Department of Revenue that Montana’s Supreme Court violated the U.S. Constitution when it struck...more
In Espinoza v. Montana Department of Revenue, No. 18-1195, 2020 WL 3518364 (June 30, 2020), the U.S. Supreme Court ruled that Montana could not exclude religious schools from a tax credit scholarship program on the grounds...more
In a 5-4 decision by Chief Justice John Roberts, the Supreme Court of the United States ruled on June 30 that the “no-aid” to sectarian schools provision, in Article X, Section 6, of the Montana Constitution, which was used...more
On June 30, 2020, the U.S. Supreme Court decided Espinoza v. Montana Department of Revenue, No. 18-1195, holding that if a state subsidizes private education, the Free Exercise Clause does not allow the state to deny that...more
Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more
Earlier this month, an Islamic community center filed suit against the City of Troy, Michigan (“City”) after the City denied the group’s application for a variance needed to operate a mosque at the property it owns in the...more
Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more
On June 26, 2018, the Supreme Court of the United States held, in Trump v. Hawaii, 585 U.S. ___ (2018), that President Trump’s September 2017 Proclamation announcing the travel ban was a lawful exercise of his executive...more