Religious Accommodation
COVID Vaccine Class Action Reminds Employers to Individually Consider Accommodations
Tyson Foods, Inc. (“Tyson”) is no stranger to religious accommodation lawsuits over the impact of its COVID-19 vaccine mandate given its continued efforts to operate through the height of the pandemic in 2021—but the battle just heated up with a proposed class action complaint filed in the Eastern District of Arkansas. Tyson’s recent troubles derive…
Read MoreSeventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns
On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. The case highlights the tension between discrimination against LGBTQ+ individuals and discrimination based on religion amid evolving and sometimes conflicting legal…
Read MorePaws in the Pews: Accommodations for Service Animals in Places of Worship
Service animals in places of worship. What must we do? What should we do? Situation. A member brings a dog to weekly worship. The dog misbehaves. Sounds, smells, etc. You politely ask if you can help, gently implying that the animal is distracting to others. The member responds that their “service animal” has “a right…
Read MoreSupreme Court Clarifies Undue Hardship Standard for Religious Accommodation Requests Under Title VII
On June 29, 2023, the U.S. Supreme Court unanimously ruled in Groff v. DeJoy that Title VII of the Civil Rights Act of 1964 requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular…
Read MoreThe Supreme Court Redefines the Religious Accommodation Obligation for Employers
On June 29, 2023, a unanimous U.S. Supreme Court ruled that religious accommodations under Title VII of the Civil Rights Act must be provided to employees or prospective employees unless the employer is able to demonstrate that the burden is substantial. The Court rejected the “de minimus” standard as a misreading of the Court’s precedent…
Read MoreSeparation of Church and Cubicle: Supreme Court Considers Increasing Burden on Employers
Background How far must employers go to accommodate their employees’ sincerely held religious beliefs? Last month, the Supreme Court heard oral argument in Groff v. DeJoy, a case that asks the Justices to answer this very question—and potentially alter employers’ accommodation obligations in the process. When Gerald Groff started working for the United State Postal…
Read MoreWorkplace Religious Accommodation Ruling Expected from Supreme Court Soon
n April, the United State Supreme Court heard oral arguments in Groff v. DeJoy, a case about religious accommodations in the workplace. Specifically, Groff centers around the issue of how great a burden an employer must bear in order to accommodate an employee’s sincerely held religious belief, observances, or practices. The Court will issue its ruling within the…
Read MoreSupreme Court Hears Oral Argument on Title VII Religious Accommodation Standard
On April 18, 2023, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case raising the issue of how great a burden an employer must bear in order to accommodate an employee’s religious belief or practices. By way of background, Title VII, as adopted in 1964, prohibits discrimination on the basis of…
Read MoreSecond Circuit Rejects Claim of Employee Fired for Refusing to Attend Training Session on LGBTQ Bias
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 Zdunski v. Erie 2-Chautauqua-Cattaraugus BOCES, No. 22-547 (2d Cir. Mar. 13, 2023), the plaintiff sued his former employer, a public organization that…
Read MoreThe EEOC Proposes Detailed New Enforcement Priorities For 2023-2027
On Tuesday, January 10, the EEOC released for public comment its draft 2023-2027 Strategic Enforcement Plan, or “SEP” (available here)—a document that will guide the Commission’s enforcement priorities for the next five years. The EEOC’s previously announced Strategic Plan described “how” it would pursue its enforcement goals. The Strategic Enforcement Plan, on the other hand,…
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