Religious Discrimination

On November 17, 2020 the Equal Employment Opportunity Commission released proposed updates to its Compliance Manual on Religious Discrimination. The draft revisions are available for public input until December 17, 2020, after which the EEOC will consider the public’s input, make any changes, and publish the finalized Manual.
Continue Reading For the First Time in 12 Years, EEOC Releases Updated Proposals to Compliance Manual on Religious Discrimination

Recently, the federal government has highlighted the issue of religious discrimination and accommodation in the workplace. Given the diversity of most workplaces, especially retailers, employers should be particularly sensitive to the potential risks of religious discrimination and harassment claims, as well as its obligations to accommodate reasonable religious-based requests for workplace changes.
Continue Reading Federal Government Seeks to Raise Awareness Regarding Religious Discrimination in the Workplace

The Supreme Court recently held in EEOC v. Abercrombie & Fitch Stores, Inc. that Title VII prohibits a prospective employer from refusing to hire an applicant in order to avoid accommodating a religious practice that it could accommodate without undue hardship, even where the applicant has not informed the employer of his need for an accommodation.
Continue Reading Supreme Court Holds That Employers Can Violate Title VII’s Religious Discrimination Provisions, Even Where Applicants Have Not Disclosed Need for Accommodation

The Fourth District California Court of Appeal recently held that a Department of Corrections employee’s claim that he was constructively discharged after being discriminated against on the basis of his religion–“Sun Worshipping Atheism”–was properly dismissed.
Continue Reading California Appeals Court Finds “Sun Worshipping Atheism” Not a Religion

In a 2-1 decision, the Tenth Circuit reversed summary judgment in favor of the EEOC on its claim that Abercrombie & Fitch Stores, Inc. failed to provide an applicant with a reasonable religious accommodation and remanded the case for entry of judgment in favor of Abercrombie.

Continue Reading Tenth Circuit Overturns EEOC Win On Religious Accommodation