Labor and Employment Law

Recent Posts

Two First Amendment Rights, Only One Protected: Last Man Standing (Sort Of) Gets It Right
Posted on 4 Mar 2015 by Donna Ballman

One of my guilty pleasures is watching Tim Allen's show Last Man Standing. Guilty because, unlike the very apolitical Home Improvement, Tim Allen uses his new vehicle to take some slaps at President Obama and liberals in general. In a recent episode... Read More

New York City's Recently Enacted "Workplace Religious Freedom Act" Expands Employers' Obligations to Accommodate Religious Practices
Posted on 19 Sep 2011 by Duane Morris LLP

On August 31, 2011, New York City Mayor Michael Bloomberg signed into law Local Law Int. No. 632, known as "The Workplace Religious Freedom Act," that is likely to make it more challenging for New York City employers to decline to accommodate... Read More

An Employer Should Never Ask About Disability or Religion. Except When It Should.
Posted on 8 Oct 2014 by Robin Shea

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right? Right? Well, mostly right. But, as a couple of EEOC... Read More

Should It Matter If Your Employee Thinks Hand Scanners Are Tools of Satan?
Posted on 26 Jan 2015 by Jon Hyman

If you’re a long time reader of my blog, you might recall a story I shared a few years ago about a co-worker at one of my high-school jobs, who held some interesting opinions about Lee Iacocca, Satan, and the end of the world. At the time, I made... Read More

Collision Course? LGBT Protection and Religious Freedom
Posted on 5 Feb 2015 by John Holmquist

As employers in Michigan settle into 2015, there are some known developments on the horizon. The NLRB will implement its revised election procedures absent court intervention; the DOL will address overtime exemptions; and the EEOC will issue guidelines... Read More

EEOC, Abercrombie Settle Hijab Lawsuit
Posted on 22 Jul 2015 by Robin Shea

We went to the U.S. Supreme Court, and all I got was this lousy $45K? (Better than a lousy t-shirt, I guess.) Law360 reports that, now that the U.S. Supreme Court has ruled in favor of the Equal Employment Opportunity Commission in the high-profile... Read More

U.S. Supreme Court Grants Cert In EEOC, Abercrombie Scarf Dispute
Posted on 2 Oct 2014 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today granted a petition for writ of certiorari filed by the Equal Employment Opportunity Commission in a lawsuit in which it has accused a clothing retailer of violating Title VII of the... Read More

You’d Think a Businesses Named “Menorah House” Would Know Something About Accommodating the Sabbath
Posted on 21 Jul 2011 by Jon Hyman

The EEOC is alleging that Menorah House, a Boca Raton, Florida, nursing home, violated Title VII when it fired an employee who wanted time off to observe the Sabbath. From the EEOC's press release : According to the EEOC's suit ... Menorah... Read More

Time Off For Religious Holidays
Posted on 14 Sep 2015 by Doug Esten

Today is Rosh Hashanah, the Jewish New Year, which means that many Jewish employees are taking the day off. Is an employer obligated, however, to grant a request for time off when requested for a religious observance? Title VII requires an employer to... Read More

Some Thoughts on EEOC v. Abercrombie
Posted on 1 Jun 2015 by Philip Miles

Now that I've had a chance to read the full opinion in EEOC v. Abercrombie [ subscribers may access Supreme Court briefs and an enhanced opinion for this case], here are a few thoughts. First, some background: An assistant manager at A&F... Read More

A Festivus for the Rest of Us (at Work)
Posted on 23 Dec 2013 by Jon Hyman

Yesterday, Evil Skippy at Work answered a reader’s question about whether an employer can prevent its employees from celebrating Festivus in the workplace. “What is Festivus ,” you ask? “I’ve never heard of it.”... Read More

Reading the #SCOTUS Tea Leaves: Headscarves, Religious Accommodations, and Abercrombie
Posted on 26 Feb 2015 by Jon Hyman

Yesterday, the Supreme Court heard oral argument in EEOC v. Abercrombie & Fitch Stores, Inc. ( transcript here [pdf] ), which will hopefully determine the circumstances under which an employer must, as a religious accommodation, grant an exception... Read More

No, You Can't Use "Religious Discrimination" To Discriminate (But You Can Use It To Refuse To Serve Alcohol)
Posted on 21 Sep 2015 by Donna Ballman

With all the brouhaha over the clerk who went to jail for refusing to issue marriage licenses to gay couples, plus being in the midst of the Jewish holidays, I thought now would be a good time to talk about religious discrimination and when employers... Read More

Religious Accommodation vs. Collective Bargaining Agreement - COTW #109
Posted on 19 Sep 2012 by Philip Miles

The latest employment law Case of the Week features the ultimate smackdown steel cage match of the millennium: religious accommodation vs. collective bargaining agreement (okay, maybe a bit of hyperbole). The Third Circuit recently addressed this issue... Read More

Got an appearance code? Make sure you allow exceptions for religion.
Posted on 22 Aug 2012 by Robin Shea

Employers, is your appearance code so important that you would pay more than $150,000 to ban a $10 accessory in the workplace? This is the story of the $150,000 lanyard. If you are ignorant like me, you are thinking, "What the heck is a lanyard... Read More