News & Analysis as of

Wage and Hour Undue Hardship Religious Accommodation

Whiteford

Employment Law Update: Workplace Religious Accommodations and Islamic Prayer

Whiteford on

Few issues are more sensitive for employers than accommodating employees’ religious practices and observances. In recent years, Muslim employees and their employers have struggled with how to handle the religious requirement...more

Jackson Lewis P.C.

Tips for Restaurants, Retailers When Faced With Sabbath Day Requests

Jackson Lewis P.C. on

Imagine you manage a busy restaurant, and you are working on the schedule for next week. Saturday is your busiest day, and you need all hands on deck, so you need to schedule everyone for that day. Just when you have the...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

Houston Harbaugh, P.C.

New Year’s Review of Legal Changes in Employment Accommodation

The New Year serves as a time to take note of some significant employment law changes in the past year to longstanding rules and requirements regarding employer accommodation obligations. This article addresses a U.S. Supreme...more

Constangy, Brooks, Smith & Prophete, LLP

Religious accommodations, Part 1: What’s a “religion”?

On September 25 a federal court in New York dismissed a lawsuit accusing an employer of failing to accommodate an employee’s religious beliefs as a member of the “Temple of the Healing Spirits” located in “Deland city,...more

Constangy, Brooks, Smith & Prophete, LLP

Hair, beards, and the invigorated duty to accommodate religious practices

Hair. In some religions it is considered a sacred gift from God that should not be cut. In other religions, it must be styled, covered, or cut in particular ways. These religious practices may result in employees’ requesting...more

Fox Rothschild LLP

SCOTUS Makes it Harder for Employers to Establish an Undue Burden Defense in Religious Accommodation Cases

Fox Rothschild LLP on

In the flurry of controversial U.S. Supreme Court rulings issued at the end of this term, one unanimous opinion flew under the radar which impacts how employers must accommodate religious practices and expressions of their...more

Roetzel & Andress

The Supreme Court’s New Test for Determining Undue Hardship for Religious Accommodation Requests— A “Substantial” Change

Roetzel & Andress on

In an Opinion dated June 29, 2023, the United States Supreme Court unanimously created a new, more difficult standard for employers to apply in weighing the burden a worker’s religious accommodation request would impose on...more

Warner Norcross + Judd

Supreme Court Clarifies Religious Accommodation Undue Burden Test Under Title VII

Warner Norcross + Judd on

Yesterday, in Gerald E. Groff v. Louis DeJoy, Postmaster General, the United States Supreme Court clarified what an employer must show if it denies an employee’s request for a workplace accommodation based on religious...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

Jackson Lewis P.C.

Will U.S. Supreme Court Place an Undue Hardship on Employers When It Decides Groff v. DeJoy?

Jackson Lewis P.C. on

The U.S. Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests, which employers have relied upon for more than 45 years, remains valid when it hears...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from January 2023

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Sherman & Howard L.L.C.

Supreme Court Poised to Increase Obligations for Accommodating Workers’ Religion

Earlier this month, the U.S. Supreme Court agreed to revisit the threshold for accommodating workers’ religious beliefs or practices that clash with workplace requirements. The current standard doesn’t require employers to...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS will review religious accommodation standard

"Undue hardship" defense is likely to become tougher. The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more

Littler

Dear Littler: How Do We Handle Requests for Time Off for Religious Observance?

Littler on

Dear Littler:  We are a retail store with locations across the country.  We are open seven days a week, and our sales staff have rotating shifts to provide coverage throughout the week.  A number of employees in several of...more

Miller Nash LLP

Washington Court Revives Public Employee’s Religious Accommodation Claim

Miller Nash LLP on

Adelina Suarez was a Certified Nursing Assistant (CNA) who worked for a state-operated certified residential nursing facility for vulnerable, disabled adults in Yakima, Washington. Throughout her employment, which was covered...more

DirectEmployers Association

OFCCP Week In Review: November 2021

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Walmart For Religious Discrimination

Retail Giant Refused Wisconsin Employee's Schedule Change Request to Observe the Sabbath, Federal Agency Charges - MILWAUKEE - Walmart Inc. and Walmart Stores East, LP violated federal law when they refused a Christian...more

Holland & Hart - Employers' Lawyers

Five Tips For Handling Tricky Religious Accommodations

When an employee’s religious beliefs conflict with a workplace policy, you need to consider whether a reasonable accommodation can be made, without creating an undue hardship. Many times, these religious accommodations...more

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