On November 9, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 3-2 to release a proposed update to Section 12 of the EEOC Compliance Manual addressing religious discrimination. Section 12 of the Compliance Manual has not been revised since 2008. The public has until December 17, 2020 to issue comments to the proposed update,
Reminder: Religious Discrimination and Harassment Is Still A Serious Issue
When I get asked about non-discrimination and harassment prevention in the workplace, a significant proportion of these questions focus on race discrimination and sexual harassment. Still, employers should be mindful of other protected characteristics under federal and state law, even if charges and lawsuits on those bases are, statistically speaking, less frequent than others.
While
Do You Have to Pay Employees Who Are Off Work for Religious Reasons?
In the last few weeks, there have been several religious holidays including Rosh Hashanah, Yom Kippur and Eid al-Adha. These holidays may have caused employees to request time off from work. Employers are often confused about just how far they must go to accommodate an employee’s religious beliefs. Does a religious accommodation mean that time
Your Employees’ Religious Beliefs Are Not an Excuse for Discrimination
There has been some immediate fallout from the Supreme Court’s gay marriage decision in Obergefell v. Hodges. The decision has become a lightning rod for several Republican candidates who have denounced the decision on religious grounds. Some, such as Ben Carson, have suggested that Congress pass a law protecting people’s religious views. Of
Breaking News: Supreme Court Snatches Victory Away from Abercrombie & Fitch in Hijab Fight
Today the U.S. Supreme Court reversed a decision by the Tenth Circuit Court of Appeals that had previously held that Abercrombie could not be held liable for not accommodating an applicant who wore a head scarf to her interview but never mentioned her Muslim faith. The Tenth Circuit had accepted Abercrombie’s argument that the mere
Are Dress Codes in Jeopardy from the Supreme Court?
This week the United States Supreme Court heard arguments in a case that we have previously reported on that was filed against Abercrombie & Fitch. In that case, a Muslim teenager applied for a job and was denied the job because she wore a head scarf which the hiring manager believed did not coincide with
It’s An Unvaccinated World After All
The recent measles outbreak making headlines at Disney properties in California has been unnerving, to say the least. As any parent can attest, a visit to Disney is likely to be on someone’s wishlist at some point (as my two small children have already made clear!). Beyond planning a visit to see Mickey and Minnie,
The EEOC Is Not Feeling the Love
We previously reported that the EEOC had filed suit against United Health Programs of America Inc. after workers alleged that they were forced to say “I love you” to co-workers on account of their employers’ beliefs in “Onionhead.” The suit also alleges that employees were forced to engage in prayer, wear Onionhead-related pins, and burn
Volunteer Red Cross Nuns Tossed Out Of Court
OK, so we engaged in a little Page 6 headline hyperbole – the Nuns were not literally “tossed out” of the court, but just had their discrimination claims dismissed. But the case is important, and we wanted to catch your eye.
A major issue for employers these days is whether individuals are employees or independent
Creationist Amusement Park Religious Hiring Requirement: Discrimination? Ministerial Exception? Or What?
Slate reports that the creator of “a Noah’s Ark–themed creationist amusement park” in Kentucky – an “Ark park” — (the same person who created the Creation Museum) has instituted a hiring policy which requires applicants to sign three documents before being hired: a “Salvation testimony,” “Creation belief statement,” and a “Confirmation of your agreement with