Accommodating an employee’s sincerely held religious beliefs can be tricky. In EEOC v. Kroger, a court in Arkansas gives some guidance on how to handle these claims.
The case law surrounding religious failure-to-accommodate claims is pretty well-settled. First, the employee must show that a workplace rule conflicts with his or her sincerely held religious
If a letter from the EEOC is in your virtual mailbox but you never open it, have you received it? Most of us are familiar with the requirement that a claimant who files an EEOC charge has 90 days to file a lawsuit after receiving what is usually required a “right-to-sue” letter from the agency.
This year has presented many challenges, including a global health pandemic, wildfires, hurricanes, and social justice unrest, and yet we now face a fast approaching influenza season that is sure to bring on more coughs, sneezes and hiccups. In light of the ongoing health crisis and resulting disruption caused by the COVID-19 pandemic, employers may
Although the issue of whether someone can sue a church for employment discrimination doesn’t come up often, in Our Lady Of Guadalupe School v. Morrissey-Berru, the Supreme Court expanded the ministerial exception that precludes certain employment claims. This is big news for religious employers.
Just like every other employer, churches and religious institutions sometimes
If an employee misses work to attend church on Sunday morning and the company subsequently fires her, is that religious discrimination? A jury in Texas recently said yes and awarded the plaintiff close to $350,000. The verdict is a reminder to employers to remember your religious accommodation obligations.
In a case that garnered big headlines, the Supreme Court weighed in yesterday on whether a claimant’s failure to amend her EEOC charge divests the federal court from hearing part of her Title VII claim. While the decision makes some strong statements about the purpose of an EEOC charge in Title VII litigation, it is
Can an organist really be considered a church minister? In a detailed and unique opinion, an Illinois federal court applied the First Amendment’s religious clauses to a church employee who claimed he had been discriminated against due to his age and national origin. While it is unlikely that many of us will confront such
Remember that case we told you about last year with the flu vaccines and the EEOC suing for employees on religious discrimination grounds? To recap– in Equal Employment Opportunity Commission v. Mission Hospital a federal district court in North Carolina denied the hospital’s motion for summary judgment, letting the case move forward. That meant that
If you require your employees to get a flu shot, what do you do with the ones who refuse on religious grounds? As with so much in employment law, it depends. In Equal Employment Opportunity Commission v. Mission Hospital, a federal district court in North Carolina denied the hospital’s motion for summary judgment, finding
Last week, the 5th Circuit Court of Appeals overturned a lower court’s injunction of the enactment of Mississippi’s “Protecting Freedom of Conscience from Government Discrimination Act” (HB 1523). As written about in a blog post from July 2016 and one from April 2016, this law was touted as only dealing with state action against