Gay Wedding Invitation is not Harassment - COTW #65

The employment law Case of the Week is Walker v. Jackson [ opinion available to lexis.com subscribers] , an EEOC decision from October 6, 2011. It answers the age old question - if I get invited to a same sex wedding celebration, was I subjected to religious harassment? If you answered, "are...

Sympathy for the Devil (As Religious Discrimination)

I haven't always been a lawyer. During a previous life (high school and college), I spent weekends and summers as a bar mitzvah DJ, a nursing home busboy, and a warehouse loading dock guy. At one of those warehouses, I worked with a man by name of Harland Jester. (I provide his name because he named...

Is Spike in Religious Discrimination Claims a Reflection of Our Polarized Society?

We are not a tolerant society. We like to think that we are, but in reality, not so much. Instead, we are a polarized society. More and more, we live on the fringes with little tolerance for those whose viewpoints differ from our own. For example, consider that Lowe's pulled their ads from TLC's...

HELP WANTED: Born-again Christians need only apply

I'm a firm believer that discussing religion (or politics) at work is a recipe for disaster. On this blog; however, if it's employment-related, then that's how we roll... And, after the jump, we roll into Oklahoma and discuss whether it's ok for a lighting company to require that...

Co-worker complaints about revised schedules may not be enough to create undue hardship for religious accommodation

Four days after the University of Tennessee, Knoxville, hired Kimberly Crider, she informed her supervisor that she was a Seventh Day Adventist, which precluded her from working from sundown Friday through sundown Saturday. Crider's job responsibilities included monitoring an emergency cell phone...

Title VII Does Not Give Employees the Right to Proselytize

I believe that everyone's relationship with God (whether you call that deity Yahweh, Jesus, Allah, Vishnu, Buddha, or something else) is personal. I have no opinion on your spiritual relationship, as should you have none on mine. Thus, I get mad whenever someone tries to shove their religious...

Can You Say Discrimination? 28% of Recruiters React Negatively to Religious Posts/Tweets

Jobvite’s sixth annual Social Recruiting Survey came out this week and starts with the headline “[a]nyone not leveraging social referrals is behind the curve. “ The survey found that 94% of recruiters are now using or plan to use social media in their recruitment efforts. Ok. That’s...

Don't Forget About Religious Discrimination When Throwing Your Office Halloween Party

Personally, I love Halloween. Adore it. I have zombies in my courtyard to scare the kiddies, and a graveyard in front of the house with various and sundry body parts poking out. Yes, Halloween is great fun for those who celebrate it. However, there are some religions that ban celebrating Halloween altogether...

Cursing as Religious Harassment—Context Matters

The year was 1985. I was 12 years and spent the summer at overnight camp. When you spend 8 weeks alone in the woods with a dozen other 12-year-old boys, you curse, a lot. After 8 weeks of “f-this” and “f-that,” it shouldn’t have surprised my parents when, at the dinner table...

Hold the Onion(head): What is a “Religion” Under Title VII?

Have you heard the one about the company that fired employees who refused to worship an onion? This is not the start of a joke, but a real, live lawsuit filed by the EEOC. According to the EEOC , United Health Programs of America, and its parent company, Cost Containment Group, required its employees...