By Darien C. Harris, Dawn Reddy Solowey, and Lynn A. Kappelman
Seyfarth Synopsis: As of February 28, 2023, diverse coalitions – including a host of Republican Congressmen and 22 state Attorneys General – have filed nearly thirty amicus briefs urging the United States Supreme Court to seize the opportunity to overturn the decades-old de minimis standard to religious
Continue Reading With SCOTUS Poised to Redefine Title VII’s Religious Accommodation Test, Republican Powerbrokers and Religious Coalitions Chime In
Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court of Appeals for the Fifth Circuit issued a decision providing insight into vaccination accommodations and establishing favorable precedent for employers. 
Seyfarth Synopsis: The 8th Circuit recently held that while a request for a religious accommodation may qualify as a protected activity, it is not necessarily “oppositional” so as to give rise to an opposition-clause retaliation claim under Title VII. Employers considering requests for religious accommodation should, despite this Circuit’s narrow decision, 
Seyfarth Synopsis: The Tenth Circuit has recently vacated summary judgment in favor of an employer in a religious accommodation case that centers on what constitutes a “reasonable” accommodation of an employee’s observance of – and consequent inability to work on – the Sabbath. In this case, the Court found that the 
Seyfarth Synopsis: A recent decision by a federal district court in Minnesota held that a religious accommodation request is not “protected activity” under Title VII. In defending retaliation litigation, employers should consider whether there is a viable argument that a request for religious accommodation is not sufficient to establish protected activity as a matter of 
Seyfarth Synopsis: In EEOC v. Consol Energy, Inc., the Fourth Circuit Court of Appeals upheld a judgment against an employer for failing to accommodate an employee’s religious belief that a biometric hand scanner would tag him with the “Mark of the Beast,” contrary to his evangelical Christian religious beliefs. 
Seyfarth Synopsis: In a recent federal case the employer has challenged the EEOC Enforcement Guidance on Retaliation taking the position that a religious accommodation request does not meet the test for protected activity under Title VII. In defending retaliation litigation, employers should consider whether there is a viable argument that a request for religious accommodation 
Seyfarth Synopsis: The District Court of the Southern District of New York granted an employer’s motion for summary judgment on an employee’s failure to accommodate claims, holding that the plaintiff did not hold a bona fide religious belief, and failed to provide notice to the employer regarding his need for religious accommodation.