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The Employer Handbook BlogNo Sanctuary from Title VII: Judge Rejects Religious Defenses in Transgender Firing Case
“We are terminating you for ‘denying biological and chromosomal sex assigned at birth.’” Continue reading
Articles Posted in Religion
Religious Exemptions 101: WWJD? (What Would Judges Do)
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.
The Backstory
What should employers do if they doubt the sincerity of an employee’s religious beliefs? NOT THIS!
Suppose an employee, an adherent of a religion you’ve never heard of, requests time off from work on certain religious observance days.
With so many religious holidays coming up, make sure your managers don’t do THIS.
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
Do we have to hire the best candidate for the job … if they have a visible Swastika tattoo?
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
HR told me I was fired for not losing my religion
Well, not me. But, a former employee claimed it happened to him. So, let’s cue R.E.M. and talk about religious expression in the workplace. Continue reading
An employer that supposedly instructed employees to pray away COVID-19 now must face religious discrimination claims.
Colloquially, today’s topic is “reverse religious discrimination.” But, more accurately, it’s about a claim of “religious nonconformity.”
In plain English, what happens when an employee refuses to comply with their employer’s religion? Continue reading
Must employers excuse workers with strong religious beliefs from respect-in-the-workplace training covering LGBT topics
After taking a few days off and rocking out in Seattle, I’m back to blogging about employment law. 🤘🤘🤘
Today, we pull back the curtain and reveal how the U.S. Equal Employment Opportunity Commission will address failure-to-accommodate claims under the Supreme Court’s new religious accommodation standard established last year in Groff v. DeJoy. Continue reading
Are we seeing a trend? More judges aren’t falling for spurious COVID-19 religious accommodation claims.
Earlier this week, I wrote about a judge calling out an employee for trying to cast a personal choice to remain unvaccinated against COVID-19 as some deeply religious decision.
Last night, I read another recent opinion from a federal judge who called an employee trying to avoid a mandatory vaccination requirement at his new job on his religious 🐂💩. Continue reading
An employee who wanted religious exception for the COVID-19 vaccine got called on it. Guess what happened next?
I’ll bet nowhere on your HR job description is there anything about serving as the religion police.