For years, the Equal Employment Opportunity Commission (EEOC) and federal courts have acknowledged that employers do not have to excuse employee disciplinary violations because the employee later attributes such conduct to a...more
The death of Justice Antonin Scalia dominated the news over the long weekend. Whether you agreed with him or not, Justice Scalia’s impact on employment law was significant. From his scathing dissent in UPS v. Young to his...more
Allow me to be the palate cleanser to Mitch McConnell's shotgun-wedding-esque "memoir" to Justice Scalia. Barely an hour after the Supreme Court announced Scalia's death, McConnell briefly offered his condolences to Scalia's...more
We are pleased to offer our loyal blog readers our analysis of the five most intriguing decisions in 2015 relative to EEOC lawsuits, along with a pre-publication preview of our annual report on developments and trends in...more
Religious discrimination cases have been all over the headlines in 2015. The most recognizable case involves Kim Davis, the Kentucky county clerk who refused to issue marriage licenses in protest of the legalization of...more
Until now, job application and interview questions that reveal applicants’ protected characteristics have been strongly discouraged. In an economy where dozens of people apply for a vacant job posting, knowing too much about...more
Earlier this year in its Abercrombie decision, the U.S. Supreme Court stated that an employee suing for religious discrimination did not have to demonstrate actual knowledge of an employee’s religious practices to trigger...more
Earlier this summer, the U.S. Supreme Court held that retail giant Abercrombie & Fitch committed religious discrimination by refusing to hire an applicant (EEOC v. Abercrombie & Fitch, read Alert here). The company believed...more
California Sick Leave Law Gets Updates - Why it matters: California's Healthy Workplaces, Healthy Families Act just took effect on July 1 but Governor Jerry Brown has already signed into law tweaks to the statute....more
The 2014-15 United States Supreme Court term featured a number of significant cases to the business community. The Faegre Baker Daniels appellate advocacy group is committed to helping our clients understand the Court’s...more
In a marked departure from the overwhelming success employers experienced before the Supreme Court in recent years, the less successful recently wrapped 2014-2015 term could be an indication that the judicial tides may be...more
Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more
Most employers know that Title VII prohibits discrimination against applicants or employees based on religion. They also know that Title VII requires employers to provide reasonable, religion-based accommodations to employees...more
Samantha Elauf, a practicing Muslim, wore a headscarf when she interviewed for a job with Abercrombie & Fitch. Although the headscarf was not discussed during the interview, the store allegedly decided not to offer Elauf a...more
WASHINGTON - A federal appeals court has granted Abercrombie & Fitch's request to dismiss its appeal of EEOC's successful religious discrimination suit against the company, the federal agency announced today. This represents...more
The EEOC issued a press release on July 20, 2015 announcing that the federal appeals court has dismissed Abercrombie & Fitch’s (“AF”) appeal of the EEOC’s religious discrimination case because AF made the decision to settle...more
Your author joined the ranks of the bearded in January after six years of daily shaving for the Air Force, skillfully concealing his newfound hirsuteness (look it up) amid the current popularity in facial hair (see: Special...more
WASHINGTON - A federal appeals court today dismissed Abercrombie & Fitch's appeal of EEOC's religious discrimination case against the company, the federal agency announced today. This represents the final resolution of EEOC...more
The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more
Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more
The U.S. Supreme Court reinstated the EEOC’s lawsuit against Abercrombie & Fitch Stores, Inc., alleging that Abercrombie violated Title VII of the Civil Rights Act of 1964 by refusing to hire a Muslim applicant, who wore a...more
During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more
The U.S. Supreme Court just issued its much-awaited religious discrimination decision in EEOC v. Abercrombie & Fitch, 575 U.S. ___ (June 1, 2015) (No. 14-86). Samantha Elauf applied for a job with A&F and was denied the job...more
Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to avoid accommodating a suspected, but unconfirmed religious practice, according to a recent United States Supreme Court...more
Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation - Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to...more