You’ve trained your managers to avoid bias. But what happens when an employee tries to win a lawsuit by flipping that logic—stereotyping the employer instead? One California court just had a firm answer: Nope. Continue reading
Employers, take note: vague safety concerns and “we did our best” no longer cut it. A recent Third Circuit opinion revived a religious accommodation claim from a firefighter who wanted to keep his beard for faith-based reasons. Applying the Supreme Court’s Groff v. DeJoy standard, the court made it clear: you can’t just trim around the edges of Title VII. Continue reading
A recent Fifth Circuit decision offers a pointed reminder to employers, litigators, and trial courts alike: enforcement authority has limits—even after a verdict. At the center of the controversy? A court-ordered “religious liberty training” imposed on a corporate defendant’s attorneys by a judge dissatisfied with how the company communicated a jury’s verdict. Here’s how that unfolded—and why the appellate court stepped in.
Continue reading
I’ve got another confession to make.
One of my not-so-guilty pleasures is when employees seeking “religious” accommodations at work get undone by their own hypocrisy. Continue reading
Religious discrimination laws protect more than just those who attend church, temple, or mosque. Did you know that they also protect those who don’t subscribe to any religious belief at all? A recent lawsuit in Colorado alleges that atheists, too, can face workplace discrimination—and that’s just as unlawful as treating someone unfairly for practicing a religion. Continue reading
“We are terminating you for ‘denying biological and chromosomal sex assigned at birth.’” Continue reading
In a recent decision, the First Circuit Court of Appeals reversed a lower court’s dismissal of a religious discrimination claim. The case involved an employee terminated for refusing a COVID-19 vaccination due to her religious beliefs.
Yes, I get it—COVID-19 cases may feel like old news. But stick with me because this decision carries a vital lesson: Employers should focus on accommodating employees’ beliefs rather than questioning their sincerity.
Suppose an employee, an adherent of a religion you’ve never heard of, requests time off from work on certain religious observance days.
Many of your employees and applicants will celebrate religious holidays between now and the end of the year. Today, for example, is the first day of Rosh Hashanah, which began last night at sundown. Continue reading
I’ve read this post and this post about this recent lawsuit about seven current and former employees who claim they were forced to work with ‘Nazi sympathizers.’ They allege that the company hired and promoted a white employee with a swastika tattoo on his face and ties to a white nationalist group.
If true — and remember that these are just allegations in a complaint — that’s awful.
But let’s change the facts. Continue reading
The Employer Handbook Blog