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Seventh Circuit: Religious Discrimination Claim Survives Motion to Dismiss Even if Request For Religious Exemption to COVID-19...

Seyfarth Synopsis: In two cases issued by the Seventh Circuit, Passarella and Dottenwhy v. Aspirus, Inc. and Bube and Hedrington v. Aspirus Hospital, Inc. the Court held that at the motion to dismiss stage, the fact that a...more

Tips on Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #4: Review Independent Contractor Relationships

Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more

Tips on Avoiding Wage and Hour Lawsuits in Massachusetts: Tip #3: Conduct an Off-the-Clock Work Audit

Even fair-minded employers, with sound policies, face “off-the-clock” claims. That is, employers have to defend against lawsuits in which employees argue that they worked hours for which their employers failed to pay them. ...more

Tips on Avoiding Wage and Hour Lawsuits in Massachusetts - Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver

Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver - Until recently, there has been much debate about the enforceability of arbitration agreements containing class action waivers. Courts disagreed as to...more

8th Circuit Agrees, Request For Religious Accommodation Is Not Opposition Conduct

Seyfarth Synopsis: The 8th Circuit recently held that while a request for a religious accommodation may qualify as a protected activity, it is not necessarily “oppositional” so as to give rise to an opposition-clause...more

Tenth Circuit Reaffirms That Title VII Does Not Require Employers to Offer an Employee Their “Preferred” Religious Accommodation

Title VII requires employers to make “reasonable accommodations” for an employee’s religious practices. But what is “reasonable” has been the subject of much debate and litigation. ...more

The Tenth Circuit Says That The Reasonableness Of Religious Accommodations Relating To Employees’ Observance Of Sabbath Requires...

Seyfarth Synopsis: The Tenth Circuit has recently vacated summary judgment in favor of an employer in a religious accommodation case that centers on what constitutes a “reasonable” accommodation of an employee’s observance of...more

Words Matter: The Third Circuit Clarifies That a Single Racial Slur in the Workplace May Be Enough to State a Hostile Work...

Seyfarth Synopsis: Telling African-American employees “that if they had ‘n—– rigged’ the fence, they would be fired” may be enough, standing alone, to state a hostile work environment claim....more

Court Rules Request for Religious Accommodation Is Not “Protected Activity” for Title VII Retaliation

Seyfarth Synopsis: A recent decision by a federal district court in Minnesota held that a religious accommodation request is not “protected activity” under Title VII. In defending retaliation litigation, employers should...more

The Antichrist at Work: 4th Circuit Affirms Judgment Against Employer for Failing to Accommodate Employee’s Religious Belief...

Seyfarth Synopsis: In EEOC v. Consol Energy, Inc., the Fourth Circuit Court of Appeals upheld a judgment against an employer for failing to accommodate an employee’s religious belief that a biometric hand scanner would tag...more

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