“Philosophical belief” for religious discrimination purposes has been found to include a number of not-remotely-religious views on matters as diverse as fox hunting, climate change and the higher purpose of public service broadcasting. You would have thought that adding vegetarianism to that list would be a walk-over. After all, it is commonly and genuinely practised, … Continue Reading
Our colleagues Colter Paulson and Justin DiCharia at the Sixth Circuit Appellate Blog (which covers, as you may have guessed, developments in the U.S. Court of Appeals for the Sixth Circuit) authored the post below discussing the Sixth Circuit’s recent decision in a case in which the Court was tasked with deciding whether an employer … Continue Reading
On 29 August, Attorney General Christian Porter announced a package of draft Bills dealing with religious discrimination. They come in the wake of the termination of Israel Folau’s player contract by Rugby Australia for his social media posts vilifying homosexuals and others, although the issue has actually been simmering away on the Government’s agenda for … Continue Reading
On December 7, 2018, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit unanimously held in Hustvet v. Allina Health System that an employer did not unlawfully terminate an employee who refused to receive a rubella vaccination. The plaintiff, a healthcare specialist working with potentially vulnerable patients, requested an accommodation exempting … Continue Reading
On November 15, 2018, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously held in Netter v. Barnes that an employee did not engage in “opposition or participation” activity protected by Title VII of the Civil Rights Act of 1964 when she reviewed and duplicated confidential personnel files without authorization. … Continue Reading
On 15 May we posted a piece on a case about the importance of context on workplace discussions which might otherwise sail close to being discriminatory. As if by magic, Acas has now issued some new Guidance which includes comment on the same point: “Religion or Belief Discrimination – Key points for the Workplace”.… Continue Reading
In the current political environment, employers and employees alike may be wondering – what, if any, political conversation in the workplace is acceptable or appropriate? Tones of “freedom of speech,” “freedom of association,” on one hand, intersect with tenors of “workplace harassment” or simple annoyance, on the other. Although like the political debates themselves, the … Continue Reading
The U.S. Equal Employment Opportunity Commission (EEOC) has provided additional time for public comment on its recently-issued proposed guidelines on unlawful harassment. The 75-page draft, which issued on January 9, 2017, expands upon existing interpretations of many aspects of workplace harassment, including prohibited bases for harassment, conduct constituting illegal harassment, the role of social media, … Continue Reading
Over a month off in Sardinia in August each year with your family sounds the way to go, doesn’t it? Something you could really look forward to, but would probably not really expect your employer to grant you as a matter of right, I suspect. One Mr Gareddu disagreed. He claimed that those five weeks … Continue Reading
Last month, the Northern Ireland Court of Appeal gave its judgment in the so-called “Gay cakes” case (otherwise known as Lee v McArthur and Ashers Baking Company Limited). The facts are simple and have made the headlines: the law is not, and the press coverage has not really explained it. Mr Lee wanted a bakery … Continue Reading
On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) issued its final “Enforcement Guidance on Retaliation and Related Issues,” which replaced the Agency’s nearly-20-year-old 1998 Compliance Manual, Section 8: Retaliation. As the title clearly implies, the guidance primarily sets forth the Agency’s evolving interpretations of the law of retaliation. It also focuses on the … Continue Reading
Some cases just make you uneasy. This is one of them. It revolves around a Mrs Pendleton who was faced for reasons which are not strictly relevant with the requirement by her employer that she either divorce her husband or lose her job. OK then, not strictly relevant but sufficiently unusual to warrant a little … Continue Reading
Does really just anything count as a philosophical belief these days? An impression you could reasonably take away from the headlines in the Employment Appeal Tribunal’s decision in Harron –v- Chief Constable of Dorset Police last week but happily not one completely borne out by closer reading. Mr Harron considered himself to have been discriminated … Continue Reading
“What the Court clearly failed to do was to say how, in today’s politically correct world, any Christian can even enter a conversation with a fellow employee on the subject of religion and not potentially later end up in an Employment Tribunal”. These are words of Victoria Wasteney on BBC News Online last week following … Continue Reading
Mbuyi –v- Newpark Childcare is an everyday tale of Christianity meeting homosexuality and sparks ensuing, not in a good way. Put very simply (there was a little more to it, including the glorious non-sequitur “X had replied with a positive comment, given that the Claimant is from Belgium”), a lesbian employee asked an Evangelical Christian … Continue Reading
In a decision issued on June 1 [pdf], the U.S. Supreme Court held that a job applicant alleging disparate treatment by a hiring employer only must show “that his need for an accommodation was a motivating factor in the employer’s decision,” and not that the employer had actual knowledge of the applicant’s need for a … Continue Reading
I am quite confident that a great many of us have considered the possibility of getting a tattoo. It may have been during the heady days of youth and only a fleeting fantasy, but a consideration nonetheless. I will freely admit toying with the idea right up to the moment I realised that ‘inking’ myself … Continue Reading
On April 29, the US Supreme Court held unanimously that courts may review the Equal Employment Opportunity Commission’s (EEOC) efforts to informally resolve disputes between employers and employees. The EEOC, which is charged with policing compliance with employment discrimination laws, is required by statute to first try informal mediation methods to resolve disputes between employers … Continue Reading
Marshel Copple is a “Sun Worshipping Atheist” – a religion he created and of which he is the sole member. The core principles of Sun Worshipping Atheism, according to Mr. Copple, include: praying in the sun; taking natural fresh air daily; sleeping eight hours or more; eating and drinking when needed; frequent exercise; daily rest; … Continue Reading
The U.S. Equal Employment Opportunity Commission (EEOC) has released its annual statistical report detailing charge filing activity in 2014. The EEOC, the federal administrative agency which investigates and prosecutes claims of employment discrimination, harassment, and retaliation under a number of employment and civil rights statutes, reported 88,778 charges filed in 2014, down from 93,727 charges filed … Continue Reading
It is not easy to reduce the Charlie Hebdo murders to employment law, but courtesy of one Aysh Chaudhry, here goes anyway. Mr Chaudhry, a trainee at international law firm Clifford Chance, filmed a twenty-one minute video message within days after the killings in France. It is widely available on YouTube if you really want, … Continue Reading
In November in Poland the story of a dismissed Religious Studies teacher hit the news. What made this story of interest? The Polish State requires schools to run Religious Studies (RS) classes. The teaching syllabus and text books are decided by the Church authorities and RS teachers must be issued a license (missio canonica) by … Continue Reading
Next term, the U.S. Supreme Court will take up the case of a Muslim teenager, Samantha Elauf, who was denied a job a retailer Abercrombie & Fitch Co. because she wore a headscarf. Abercrombie has faced a number of lawsuits in recent years stemming from the clash between the retailer’s “Look Policy” and the religious practices … Continue Reading
Now let us suppose that it is your genuine belief that the British weather is dictated not as we had supposed, by physics, global warming and meteorology, but by the extent of the Government’s adherence to the Christian Gospel. That is your belief and one you are fully entitled to hold. The question for your … Continue Reading
