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Do you remember back in 2020, when the Supreme Court in Bostock v. Clayton County held that Title VII of the Civil Rights Act of 1964 forbids employment discrimination based on LGBT status? But the court did leave one issue open, namely, the implications for religious liberties and other matters arising from its decision.

Last week, a Texas federal court filled that gap by concluding that certain religious organizations are permitted to refrain from employing those who engage in conduct that violates their sincerely held religious beliefs. Continue reading

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The short answer is no.

The longer answer is no effing way because that’s sex (gender identity) discrimination. And if that’s actually your rationale for not hiring someone, don’t double down on the stupid by admitting it to the applicant. Continue reading

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In September, the State of Arizona sued President Biden to stop his vaccination mandate for private employers. Since then, several other states have threatened to sue to stop the mandate. But, no one knows yet what exactly the OSHA Emergency Temporary Standard is going to say. So, other lawsuits against the private employer ETS have not yet followed.

However, an Executive Order requires that employees of certain federal contractors get vaccinated by early December. And that has prompted 19 states to file 4 separate lawsuits against President Biden and others to block the EO. Continue reading

Last week, business groups asked the White House to delay President Joe Biden’s COVID-19 vaccine mandate for private companies with 100+ employees “until after the holiday season.” Also, last week, labor unions asked the White House for additional worker protections beyond mandatory vaccinations.

By the end of the week, I expected that the White House would release additional information about the vaccine mandate’s scope and substance.

Nada. Well, not quite. Continue reading

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Earlier this week, the U.S. Equal Employment Opportunity Commission provided additional information on religious objections to workplace vaccine requirements to its growing technical assistance manual. Thank you.

But, yesterday, one of the EEOC Commissioners emailed me the actual form that the EEOC uses to process religious accommodation requests.

THANK YOU! Continue reading

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