Employers faced with requests from employees for a religious accommodation to an employment requirement, policy or practice are now required to apply a new undue hardship analysis when considering whether to grant or deny the request. In a unanimous opinion
Continue Reading SCOTUS Issues New Undue Hardship Standard for Religious Accommodation RequestsU.S. Supreme Court Blocks OSHA ETS for Large Employers but Allows Vaccination Requirements for Healthcare Workers to Proceed
The U.S. Supreme Court has issued a stay against the OSHA Emergency Temporary Standard (ETS) for employers with 100 or more employees. The ETS requires covered employers to implement a COVID-19 policy that either 1) requires employees to be vaccinated
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U.S. Supreme Court Set to Rule on Vaccine Mandates
The United States Supreme Court announced Wednesday, December 22, that it will hear oral argument in two of the cases challenging the vaccine mandates. One case concerns the OSHA ETS rule for private employers with more than 100 employees and
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Supreme Court Finds Title VII Prohibits LGBTQ Discrimination
On Monday, June 15, 2020, the United States Supreme Court momentously ruled that federal law designed to prevent discrimination in the workplace protects gay, lesbian and transgender employees. In Bostock v. Clayton County, the Court held that individuals who
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SCOTUS Ruling on Three LGBTQQIA Cases
HSB’s Perry MacLennan and Chris Gantt-Sorenson discuss SCOTUS’ oral arguments on the cases involving the termination of three employees who were gay or transgender on Survive HR, a human resource podcast series hosted by Kelly Scheib and Steve Nail.
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How Will SCOTUS’ Upcoming Cases Affect Title VII?
The United States Supreme Court will decide three cases in October 2019 to determine if Title VII of the 1964 Civil Rights Act guarantees protections from workplace discrimination and harassment to employees on the basis of gender identity or sexual
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U.S. Supreme Court Agrees to Hear Cases That Could Settle Whether LGBT Employees Are Protected by Title VII
The U.S. Supreme Court has agreed to hear a trio of closely watched job discrimination cases that could for the first time resolve at a national level whether lesbian, gay, bisexual and transgender (LGBT) employees are entitled to the protections
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Utilizing Arbitration Agreements Effectively
By now, most, if not all, of you are familiar with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), which upheld the validity of waivers of FLSA collective actions in arbitration agreements. The United States District Court for the District of South Carolina recently issued an order expanding on Epic Systems.
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Defining a “Bona Fide Relationship” – the Latest with Trump’s Travel Ban
On July 6th, we covered the United States Supreme Court decision regarding President Trump’s travel ban. That Order limited the entry of foreign nationals and refugees based on an individual’s “bona fide relationship” with an entity or person
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Last Stop: SCOTUS Reviews the Immigration Ban
President Trump’s Second Executive Order acted to limit the entry of foreign nationals and refugees into the United States. Thereafter, the Fourth and Ninth Circuits granted preliminary injunctions barring the enforcement of the Executive Order specifically as related to Section
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