Some employers try. The Fourth Circuit just explained why that trick doesn’t work for these federal discrimination claims. Continue reading
COVID vaccination mandates may be behind us, but the lawsuits they generated are still shaping how courts analyze religious accommodation under Title VII. This Third Circuit decision is a reminder that an accommodation can still be challenged when it allegedly creates a new burden. Continue reading
Not every denied accommodation becomes a viable lawsuit. Courts are still asking a simple threshold question before a discrimination case goes anywhere. Continue reading
Some accommodation requests are straightforward. Others arrive wrapped in spiritual language but turn out to be personal views, broad objections, or political frustrations. A recent federal decision breaks down the elements courts look for in separating religious beliefs from non-religious objections. Continue reading
A new Fourth Circuit decision applying the Supreme Court’s Groff v. DeJoy standard shows that “undue hardship” still has teeth. The court sided with an employer that denied a religious exemption from its COVID-19 vaccine policy, but its reasoning stretches far beyond vaccines or healthcare. Continue reading
The same unpaid leave that protects an employer in one case can create liability in another. Continue reading
When an employee voluntarily resigns to work somewhere else, it may feel like fallout from a workplace conflict. But under Title VII, it isn’t punishment or “discipline.” Continue reading
Shanah Tovah! Wishing a Happy New Year to all who are celebrating Rosh Hashanah (שנה טובה).
With Yom Kippur approaching, here is a scenario to consider: An employee asks to work from home on the afternoon leading into the fast so they can log off early and get to synagogue without taking a full vacation day. Do you have to allow it?
That kind of request highlights a real-world question about religious accommodations in today’s workplace. And it is exactly the type of issue addressed in a new memo from the Department of Justice. The memo was written for federal agencies, but it serves as a reminder of how the law already applies. Private employers should pay attention because Title VII uses the same standards.
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An employee asked for a religious exemption, was denied, suspended, and then reinstated once litigation began. The Fifth Circuit’s majority brushed the case aside on a technicality. But a dissenting judge warned that when it comes to religious accommodations, delay can itself be discrimination. Continue reading
Religious-accommodation requests are getting harder for employers to navigate, especially when they collide with policies meant to support transgender employees. The Seventh Circuit just reminded us that employers cannot lean on complaints or speculation alone. A jury will decide whether denying an accommodation is justified by a true “undue hardship.” Continue reading
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