It’s 2023.
When are employees going to learn that while the First Amendment does guarantee freedom of speech, there is no constitutional right to a job, and employers don’t have to tolerate employee hate speech?
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Last May, I wrote about this religious discrimination case involving an employer’s duty to accommodate a plaintiff who needed Sundays off to observe his religion. The court decided the case in favor of the employer, which led to this appeal to the U.S. Supreme Court in August, asking that it revisit its 1977 decision in Trans World Airlines, Inc. v. Hardison. In Hardison, the Court concluded that Title VII of the Civil Rights act of 1964 does not require a religious accommodation if it results in more than a de minimis cost to the employer, i.e., an undue hardship.
Last week, the Supreme Court agreed to hear the case. Continue reading
Yesterday, I wrote about a man who claimed that his employer retaliated against him by forcing him to resign after he objected to attending workplace training on anti-racism and gender identity.
It was a good story. We employment lawyers have plenty of them. But, perhaps, it wasn’t great.
But what if I told you that the man’s son also worked for the same employer, objected to attending the same training modules, and eventually sued the same employer for race and religious discrimination? Continue reading
I read a survey last night that blew my mind 🤯 Continue reading
Two women who worked for a home healthcare company in Tennessee claimed that their religion motivated their employer to fire them. But from the jump, the plaintiffs had a problem. The complaint that they filed in court belied their claims. Continue reading
Image Credit: Photofunia.com
After a ten-day vacation trip with my family (IYKYK) onboard the S.S. Blog Cruiser Royal Caribbean Adventure of the Seas, I’m back to the reality of practicing employment law and blogging about it.
Today, let’s play some tunes as we gaze into the crystal ball and predict what could be the biggest employment law decision of 2023. Continue reading
If a tree falls in the forest and no one is around to hear it, does it make a sound? Continue reading
On Friday, attorneys for over 500 current and former healthcare workers at a Midwest healthcare system announced that they had settled “the nation’s first classwide lawsuit” for employees alleging that they were unlawfully discriminated against and denied religious exemptions from a COVID shot mandate. Continue reading
In August 2017, a flight attendant sued her employer and her union in federal court. The plaintiff would amend her complaint a few times. Among the claims that remained in the final version, the plaintiff alleged that both defendants violated Title VII of the Civil Rights Act of 1964 by discriminating against Carter’s religious beliefs and practices.
How, you ask? Continue reading
The U.S. Equal Employment Opportunity Commission doesn’t think so. It’s suing a residential home service and repair company for violating federal law when it allegedly required employees to participate in religious prayer sessions as a condition of employment and retaliated against employees who opposed the unlawful practice. Continue reading
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