Seyfarth Synopsis: Yesterday the Supreme Court held oral argument in Groff v. DeJoy, a case in which the Court is considering whether to overturn decades of precedent established by the seminal religious accommodation case, Trans World Airlines Inc., v. Hardison. Decided in 1977, Hardison is the seminal case establishing that an employer is
Continue Reading Takeaways From SCOTUS Oral Argument in Groff v. Dejoy: Justices Attempt to Find “Common Ground” on Religious Accommodation TestBy Dov Kesselman and Samuel I. Rubinstein
Seyfarth Synopsis: After the past few years of favorable policy changes and court decisions, religious employers have to navigate the realities of a different presidential administration with its unique set of policy preferences. The Department of Labor recently filed notices in two Court actions suggesting that it will be rescinding its prior faith-based
Continue Reading Losing My Religion? How Faith-Based Employers Will Operate During the Biden Administration
By Erin Dougherty Foley and Grace Nickels
Seyfarth Synopsis: New decision from the Supreme Court ruled that Title VII’s requirement that plaintiffs file with the EEOC or other state agencies is a non-jurisdictional claim-processing rule, which means it can be forfeited if a defendant waits too long to raise the objection.
On June 3, 2019, the U.S. Supreme Court resolved
Continue Reading Use It or Lose It: Supreme Court Rules that Failure to Exhaust Defense Must be Prompt
By: Dawn Solowey and Lynn Kappelman
Most employers are aware of the need to consider accommodation of employees’ sincere religious beliefs that conflict with a workplace requirement. We have previously published a Roadmap for handling such requests for religious accommodation.
But what should the employer do when a supervisor’s religious beliefs impose the risks of lawsuits by other employees? Case
Continue Reading Go Tell It On the Mountain, But Proceed with Caution at Work: When Does A Supervisor’s Religious Expression at Work Pose a Risk of Discrimination Claims from Other Employees?