Religious Discrimination

My colleague Nathaniel M. Glasser recently authored Epstein Becker Green’s Take 5 newsletter.   In this edition of Take 5, Nathaniel highlights five areas of enforcement that U.S. Equal Employment Opportunity Commission (“EEOC”) continues to tout publicly and aggressively pursue.

  1. Religious Discrimination and Accommodation—EEOC Is Victorious in New U.S. Supreme Court Ruling
  2. Transgender Protections

On June 1, 2015 the U.S. Supreme Court revived a religious discrimination claim against Abercrombie & Fitch (“Abercrombie”) after the fashion retailer denied employment to a Muslim woman because the headscarf, or hijab, worn as part of her religious observance violated the company’s dress code.  EEOC v, Abercrombie & Fitch Stores, Inc., 2015 U.S.

The EEOC has just published guidance to employers on accommodating religious dress and grooming practices pursuant to Title VII of the Civil Rights Act. This guidance comes on the heels of several high profile religious discrimination cases that have brought the issue of religious dress and grooming accommodation to the forefront. Employers with 15 or more employees are covered by Title VII and should take note of the new guidance.
Continue Reading EEOC Enforcement Guidance on Religious Accommodation: A Friendly Reminder to Review Policies and Practices

By Amy Messigian

After settling two religious discrimination suits with the Equal Employment Opportunity Commission (“EEOC”) last month, clothing retailer Abercrombie & Fitch scored a big win this week in another religious discrimination case before the Tenth Circuit Court of Appeal, which found that the EEOC did not prove its failure to accommodate claim for

by: Lauri F. Rasnick and Margaret C. Thering*

Title VII of the Civil Rights of 1964 (“Title VII”) not only prohibits employers from discriminating against employees or prospective employees because of their religion, but it also requires employers to “reasonably accommodate” the religious practices of employees provided that such reasonable accommodations do not cause

by Susan Gross Sholinsky, Dean L. Silverberg, Steven M. Swirsky, and Jennifer A. Goldman

New York City employers take note: under the New York City Human Rights Law (“NYCHRL”), it is now considerably more difficult for employers to establish “undue hardship” in the context of denying an employee’s request for a reasonable