News & Analysis as of

Vaccinations Title VII

Littler

Littler Lightbulb: October Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Ninth Circuit Reinstates Law Prohibiting Discrimination in Healthcare Settings...more

Manatt, Phelps & Phillips, LLP

Religious Discrimination Case Over Vaccine Mandate Revived in First Circuit

The First U.S. Circuit Court of Appeals reversed dismissal of a Title VII religious discrimination claim filed by a hospital employee who was terminated for not getting a COVID-19 vaccine....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues AG Equipment for Religious and Disability Discrimination

Federal Lawsuit Says Manufacturer Failed to Allow Any Exceptions to Vaccination Policy - TULSA, Okla. – AG Equipment Company, a Broken Arrow, Oklahoma compressor packaging manufacturer, violated federal law when it fired...more

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

Ward and Smith, P.A.

Deciphered Insights: Labor and Employment Legal Considerations

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Five Ward and Smith attorneys provided updates related to employment law, including non-compete agreements, unionization efforts, pregnancy laws, and overtime rules for exempt employees, during the firm’s recent In-House...more

Parker Poe Adams & Bernstein LLP

EEOC Settlement of Flu Vaccine Mandate Shows Effect of New Religious Discrimination Standard

As flu and other respiratory virus rates peak across the U.S., hospitals and other health care providers are responding by taking measures such as limiting patient visitors. For years, one element of this response has...more

U.S. Equal Employment Opportunity Commission...

Trinity Health-Michigan to Pay $50,000 to Settle EEOC Religious Discrimination Lawsuit

Hospital Unlawfully Refused Applicant’s Request for Religious Exemption from Flu Shot Requirement and Rescinded Offer of Employment - GRAND RAPIDS, Mich. – Trinity Health Grand Rapids, formerly known as Mercy Health St....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

U.S. Equal Employment Opportunity Commission...

United Healthcare Services Sued by EEOC for Religious Discrimination

Healthcare Provider Refused to Accommodate Telecommuter with Religious Exemption from COVID-19 Vaccine Requirement, Federal Agency Charges - CLEVELAND – United Healthcare Services, Inc. (United) violated federal law when...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Hank’s Furniture for Religious Discrimination

Florida Furniture Store Fired an Assistant Manager for Refusing to Violate Her Sincerely Held Religious Beliefs, Federal Agency Charges - BIRMINGHAM, Ala. – Arkansas-based Hank’s Furniture, Inc., a retail seller of home...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

U.S. Equal Employment Opportunity Commission...

Inspira Medical Centers to Pay $100,000 to Conciliate EEOC Discrimination Finding

Hospital and Health Center Operator Found to Have Denied Employees Religious Exemption From Vaccine Mandate, Federal Agency Said - PHILADELPHIA -- Inspira Medical Centers, Inc., a New Jersey corporation, also known as...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

Holland & Knight LLP

Religious Institutions Update: January 2023

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Vaccination Mandate Conforms with First Amendment In Kane v. De Blasio, No. 21 Civ. 7863, 21 Civ. 8773, 2022 WL 3701183 (S.D. N.Y. Aug. 26, 2022), the district court ruled that New York City Department of Education employees...more

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