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by Brent E. Siler The title of this article isn’t a typo or a joke. It’s a literal statement of holding in a recent federal case before the U.S. District Court for the Eastern District of New York, which found that an employer’s conflict-resolution program, which its creator dubbed “Onionhead” or “Harnessing Happiness,” was in […]
Achieving a diverse workforce is a highly touted goal among employers. It’s a goal that drives recruiting as well as efforts to build company culture. But the details – the various policies and rules employers may adopt without considering risks—can be easy to overlook. One area not to be forgotten: dress codes and other appearance […]
by Steven T. Collis Recent news stories describe the tension between Muslim workers seeking multiple prayer breaks at specified times throughout their workday and employers that need those workers on the assembly line. Many Muslim employees have walked off the job, claiming their prayer break requests have been unlawfully denied. With so much coverage of […]
by Brent Siler Unless you have been hiding under a rock the past few weeks, you know that the U.S. Supreme Court legalized gay marriage in all 50 states when it issued its Obergefell decision on June 26. Much of the discussion about the ruling has revolved around its effect on people with sincere religious […]
by Maggie LeBato and H. Mark Adams Both federal and state laws prohibit employers from discriminating against employees because of their religion. The courts have further ruled that the prohibition against religious discrimination requires you to accommodate your employees’ sincerely held religious beliefs unless it would cause undue hardship to your business. You might assume, […]
by Charles S. Plumb On Monday, June 1, the U.S. Supreme Court ruled in favor of the Equal Employment Opportunity Commission (EEOC) and against Abercrombie & Fitch Stores Inc. in a religious discrimination lawsuit involving a Muslim job applicant at its Tulsa store. In some ways, the Supreme Court’s decision may have the unintended result […]
A ruling in a closely watched religious discrimination case means employers may be liable for discrimination if they base employment decisions on an applicant’s suspected religious practices even in situations, such as the one in this case, in which the applicant hasn’t directly disclosed a need for a religious accommodation. On June 1, the U.S. […]
Many businesses find it appropriate to implement a dress code to ensure that everyone within the organization dresses appropriately and to a companywide standard. But the way an individual chooses to dress is a very personal decision, and an employee’s choice of clothing is one that can involve many factors, including the cost of the […]
The U.S. Supreme Court reviewed the Affordable Care Act (ACA) again this term, and today, it held in Burwell v. Hobby Lobby Stores, Inc. that the ACA’s contraceptive mandate violates the Religious Freedom Restoration Act of 1993 (RFRA) as it is applied to “closely held corporations.” According to the Court’s 5-4 opinion, the mandate “substantially […]
by Alka Ramchandani The Equal Employment Opportunity Commission (EEOC) has been coming down hard on organizations that are failing to accommodate employees for their religious beliefs. What follows are a few tools and concepts you may use to eliminate the potential of being a target for a lawsuit based on religious discrimination or failure to […]