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For every unicorn $25.6 million jury verdict you may read about online, thousands of discrimination cases fall well short of that mark. Way more never have a shot at making it to trial. And some don’t even have sufficient facts on the face of the complaint, which, if true, would establish a cause of action. They get dismissed right away.

Just like the case I have for you today.

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The Americans with Disabilities Act prohibits discrimination based on a disability concerning employment. That includes refusing to hire someone based on an actual disability, a perceived disability, or a record of disability.

Whether an employer regards a job applicant as having a disability or learns about a record of a disability, an employer cannot lawfully refuse to hire them because they are receiving addiction treatment — even if that means the individual is currently in a methadone maintenance program.

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Yesterday, we discussed how an employee asserting a failure-to-accommodate claim under Title VII must establish that their request for a religious accommodation resulted in an adverse employment action. The same appellate court deciding that case also recently confirmed that the same maxim applies to failure-to-accommodate claims under the Americans with Disabilities Act.

But, there’s a rub. Continue reading

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Title VII of the Civil Rights Act of 1964 creates a statutory obligation for covered employers to make reasonable accommodations for workers’ religious observances, short of incurring an undue hardship. At a minimum, aggrieved employees generally must establish three elements in a failure-to-accommodate lawsuit:

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Last week, the Supreme Court unanimously agreed that Title VII of the Civil Rights Act of 1964 requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business. The next day, the Supreme Court concluded in 303 Creative LLC v. Elenis that the First Amendment superseded a state’s anti-discrimination law which would have forced a website designer who does not believe in same-sex marriage to create wedding websites for gay couples.

Since then, I’ve seen folks asking whether employees with sincerely-held religious beliefs about same-sex marriage can get a religious accommodation from their employer to refuse to work with a gay coworker? Continue reading

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Last week, the Supreme Court made it more difficult for employers to establish that an employee’s request for a religious accommodation under Title VII of the Civil Rights Act of 1964 creates an undue hardship.

But there’s much more to Title VII than just religious accommodations. And the Supreme Court isn’t done with the statute yet. Last week, it agreed to determine whether Title VII prohibits discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage. Continue reading

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About 50 years ago, Congress tweaked Title VII, a federal law that makes it unlawful to discriminate against workers based on their religion. It clarified that employers must “reasonably accommodate. . . an employee’s or prospective employee’s religious observance or practice” unless the employer is “unable” to do so “without undue hardship on the conduct of the employer’s business.”

But what does that mean? Continue reading

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On August 7, 2018, a worker sent an email. The email stated, “I fear retaliation” and “my colleagues and I have been the victims of continuous harassment, both sexual and emotional.”

On August 9, 2018, just two days later, the company fired her.

How do you think that turned out? Continue reading

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In 2016, a public employer sought a new Health Commissioner. They thought they had found the ideal candidate. Her resumé stated that she held a master’s degree in Public Health and had experience as a licensed sanitation. The candidate nailed the interview. Ultimately, the employer hired her for the Health Commissioner position because of her “excellent” resumé and interview.

Or so it thought. Continue reading

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