News & Analysis as of

Title VII Coronavirus/COVID-19 Vaccinations

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Seyfarth Shaw LLP

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

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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

Parker Poe Adams & Bernstein LLP

Federal Courts Reaching Consensus on Religious Exemptions From Vaccine Mandates

During the height of the COVID-19 pandemic, employers attempting to enforce safety policies faced resistance from employees opposed to vaccination mandates. In many cases, employees claimed that taking the vaccine violated...more

Holland & Knight LLP

Religious Institutions Update: July 2024

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Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

Constangy, Brooks, Smith & Prophete, LLP

Chutzpah and the shifting defenses to requests for religious accommodation

Chutzpah is a Yiddish word derived from the Aramaic ḥuṣpāh. It means impudence, gall, and an audacious disregard for rules. In the world of employment law, it can aptly describe employees who try to get what they want...more

Goldberg Segalla

Employee Religious-Exemption Protections Safeguarded in COVID-19 Discrimination Claim

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On January 25, the U.S. District Court for the Eastern District of Pennsylvania denied the Children’s Hospital of Philadelphia’s (CHOP) motion to dismiss plaintiff Donald Glover’s complaint in Donald Glover v. The Children’s...more

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more

Constangy, Brooks, Smith & Prophete, LLP

Religious Accommodations, Part Deux: Is the religious belief sincere?

In Part One of this two-part bulletin, we explored the expansive meaning of religious beliefs entitled to an accommodation under Title VII and the reluctance of courts to second guess whether a belief is “religious” in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Courts in Wisconsin and Kentucky Issue Decisions in Favor of Employers Facing COVID-19–Related Legal Issues

In September 2023, federal trial courts in Wisconsin and Kentucky issued decisions dismissing plaintiffs’ claims related to employers’ COVID-19 vaccination and testing requirements....more

Bowditch & Dewey

MA Federal Court Issues Favorable Ruling for Employers in Case Involving COVID-19 Vaccine Mandate and Request for Religious...

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On July 20, 2023, the United States District Court for the District of Massachusetts dismissed an employee’s Title VII lawsuit, by which she challenged her employer’s denial of her request for religious exemption from a...more

Holland & Knight LLP

Religious Institutions Update: July 2023

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Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

ArentFox Schiff

EEOC Updates COVID-19 Technical Assistance

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On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more

K&L Gates LLP

Post-Pandemic Employer Considerations: EEOC Updates COVID-19 Technical Guidance as Public Health Emergency Expires

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While many have moved on from thinking about COVID-19 and its impact on daily life, employers are reminded that despite the expiration of the public health emergency (PHE), there are still workplace considerations related to...more

Dinsmore & Shohl LLP

Smucker’s Vax Mandate Stands, Federal Court of Appeals Hands Broad Win to Federal Contractors

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Private companies doing business with the federal government won a major COVID-19-related victory recently when the Sixth Circuit held in Ciraci v. J.M. Smucker’s Co. that government contractors are not subject to...more

Constangy, Brooks, Smith & Prophete, LLP

Religious accommodation at the Supreme Court

On Tuesday, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case I blogged about in January. The case is about what standard of "undue hardship" should apply in religious accommodation cases. Under every...more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

Epstein Becker & Green

#WorkforceWednesday: EEOC's LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law - Employment...

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This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance. Federal Judge Blocks EEOC's LGBTQ+ Guidance The Equal Employment Opportunity Commission’s June...more

Nelson Mullins Riley & Scarborough LLP

Update on COVID-19 Vaccination Accommodations Under Title VII

Earlier this year, the United States Supreme Court in Biden v. Missouri, 595 U. S. ____ (2022) provided clarity for hospitals and healthcare facilities when it preliminarily upheld a vaccine mandate for health care workers...more

Seyfarth Shaw LLP

In Policy Pivot, EEOC Revises Pandemic Guidance To Move Away From A “Direct Threat” Analysis and Focus on “Business Necessity” As...

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Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other...more

Rivkin Radler LLP

The Employment Law Reporter - June 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has issued an important decision in a case that presented the question of what a plaintiff asserting...more

Cozen O'Connor

Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off

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As we approach the unofficial start to Summer 2022, today's new episode addresses the 10 issues that should be on the radar of all employers....more

Proskauer Rose LLP

Defending Against Title VII Religious Objections to COVID Vax

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Title VII of the Civil Rights Act prohibits employment discrimination based on religion and requires that employers provide reasonable accommodations for employees' sincerely held religious beliefs, practices and observances....more

Foley & Lardner LLP

Religious Accommodation Challenges to COVID-19 Vaccination Policies — Lessons for Employers from Preliminary Court Decisions

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Whether to protect the health and safety of their workplaces, to comply with governmental requirements when applicable, or a combination of the two, many employers have adopted mandatory COVID-19 vaccination policies. Faced...more

Fisher Phillips

Top 7 Takeaways from EEOC’s COVID-19 and Vaccine Webinar for Employers

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Employers need to be especially on guard for the possibility that they may be hit with a vaccine-related EEOC charge, given than nearly half of all pandemic-related charges filed with the agency since December involve a...more

Jackson Lewis P.C.

Indiana Enacts New Law on Employer COVID-19 Vaccination Mandates

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Indiana Governor Eric Holcomb has signed into law House Bill 1001, curbing COVID-19 vaccine mandates by employers. Under the law, which went into effect immediately, most Indiana employers who require employees to...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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