Separation 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…

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Workplace 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…

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Second 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…

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The 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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Fired for Refusing COVID-19 Vaccine: Do They Get Unemployment?

An employee who is fired for refusing to get a COVID-19 vaccine – without showing entitlement to a legitimate religious or disability-related exemption – is likely to have a hard time collecting unemployment compensation benefits, two recent court rulings show. Though each state sets its own specific eligibility guidelines, these two rulings from Minnesota hinge…

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Should Your Workplace Require Flu Shots?

The U.S. Centers for Disease Control and Prevention (CDC) recently reported the start of the most severe flu season in over a decade, leading employers of all types to decide whether they should mandate flu shots for their workforce. The flu season typically runs between October and May with a peak in January and February,…

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