On June 30, 2023, the U.S. Supreme Court in 303 Creative, LLC v. Elenis held that the First Amendment prohibits Colorado from compelling a website designer to engage in expressive conduct that conflicts with her beliefs.
Continue Reading Supreme Court Says First Amendment Permits Wedding Website Designer to Deny Services to Same-Sex Couples Despite State Antidiscrimination Law

On June 29, 2023, the U.S. Supreme Court in Groff v. DeJoy clarified the “undue hardship” standard under which it can deny a religious accommodation under Title VII of the Civil Rights Act of 1964. In a unanimous opinion authored by Justice Alito, the Court rejected a “de minimis cost” test, and held that an employer denying a religious accommodation must show that the burden of granting an accommodation “would result in substantial increased costs in relation to the conduct of its particular business.”
Continue Reading Supreme Court Clarifies “Undue Hardship” Standard for Title VII Religious Accommodation Claims

Among the new employment laws in effect this new year is the expansion of the California Fair Employment and Housing Act (“FEHA”) to include “reproductive health decision-making” in the list of classifications protected by the FEHA. Accordingly, the FEHA now expressly prohibits discrimination, harassment, and retaliation based on employees’ reproductive health-decision-making.
Continue Reading FEHA Expanded to Include “Reproductive Health Decision-making” as Protected Category

On August 16, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment to Wal-Mart Stores East, L.P. (Walmart), who was accused by the Equal Employment Opportunity Commission (EEOC) of engaging in sex discrimination under the Pregnancy Discrimination Act and the Civil Rights Act of 1964 by offering temporary light duty to employees who were injured on the job, but denying a similar accommodation to pregnant employees. 
Continue Reading Excluding Pregnant Workers from Light Duty Did Not Violate the Pregnancy Discrimination Act, 7th Circuit Holds

Earlier this month, the U.S. Supreme Court in Southwest Airlines Co. v. Saxon unanimously held that a ramp supervisor who frequently handled cargo for an interstate airline company was exempt from coverage under the Federal Arbitration Act (FAA) because she belonged to a “class of workers engaged in foreign or interstate commerce.” 9 U.S.C. § 1.
Continue Reading Airline Cargo Loaders Are Exempt Under the Federal Arbitration Act, Supreme Court Holds