News & Analysis as of August 23, 2025

Supreme Court of the United States

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Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions. less -

Explaining the Current Law on Vaccine Mandates

Parker Poe Adams & Bernstein LLP on 8/15/2025

Given the slow progress of civil litigation in the U.S., federal courts continue to hear challenges to employer vaccination mandates imposed during the COVID-19 pandemic. Prior to 2023, employers generally held the upper hand...more

Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

Parker Poe Adams & Bernstein LLP on 12/8/2023

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

Religious Institutions Update: July 2023

Holland & Knight LLP on 7/27/2023

Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

Religious accommodation at the Supreme Court

Constangy, Brooks, Smith & Prophete, LLP on 4/21/2023

On Tuesday, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case I blogged about in January. The case is about what standard of "undue hardship" should apply in religious accommodation cases. Under every...more

OSHA Withdraws Vaccine-Or-Test Emergency Temporary Standard for COVID-19

Jackson Lewis P.C. on 1/26/2022

The Occupational Safety and Health Administration (OSHA) has withdrawn its enforcement of the Emergency Temporary Standard (ETS) requiring most employers to mandate COVID-19 vaccines or tests for employees...more

Talk About Bruno . . . Health Plan Premium Surcharges & Vaccination Status

Holland & Hart - The Benefits Dial on 1/24/2022

Last week, the US Supreme Court blocked the OSHA standard requiring private employers with 100 employees or more to vaccinate-or-test for COVID-19 from taking effect (more info here). With the fate of that standard likely...more

U.S. Supreme Court Puts OSHA COVID-19 Vaccine-Or-Test ETS Back on Ice

Jackson Lewis P.C. on 1/14/2022

In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). The Court described the standard as a “blunt...more

Accommodating Requests for Religious Exemption to Employer COVID-19 Vaccination Requirements: EEOC Updates COVID-19 Technical...

ArentFox Schiff on 10/29/2021

Earlier this week, the EEOC updated its COVID-19 Technical Assistance. This time to address how Title VII applies when an applicant or employee requests a religious exception to an employer’s COVID-19 vaccination mandate. ...more