Texas Employment Law Update

Texas Employment Law Update

A Resource for Texas Employers

Category Archives: Religion

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U.S. Supreme Court Wrap-up of Employment Law Cases 2014-15 Term

Posted in Discrimination, Judicial Updates, Reasonable Accommodation, Religion
This past term saw the Supreme Court issue four opinions in labor and employment cases.  In case you missed them, the following is a brief summary of the holdings from those cases. EEOC v. Abercrombie & Fitch Holding that Title VII’s prohibition against refusing to hire an applicant to avoid accommodating a religious practice that could be accommodated without… Continue Reading

Employee Wins Reversal of Religious Discrimination Defeat at the Fifth Circuit

Posted in Case Summaries, Reasonable Accommodation, Religion
Last week I wrote about a religious discrimination case where an employer snatched victory from the jaws of defeat at the Fifth Circuit Court of Appeals. This week, we have a Fifth Circuit opinion where the court took away an employer’s victory in another religious discrimination case and sent the case back to the trial court… Continue Reading

Distinction Between Supervisor/Nonsupervisor Makes $70,000 Difference in Religious Discrimination Case

Posted in Case Summaries, Discrimination, Religion
The status of an employee as a supervisor or nonsupervisor can have a significant impact on the outcome of a discrimination, harassment or retaliation case. For example, if an employee who commits a hostile work environment is a supervisor, the employer could be deprived of valuable legal defenses like the Faragher/Ellerth affirmative defense. A recent case from… Continue Reading

Fifth Circuit Interprets Ministerial Exception Broadly in Case of First Impression

Posted in Age, Case Summaries, Disability, Religion
Last term the U.S. Supreme Court confirmed the existence of the ministerial exception to many of the federal employment discrimination laws. This week, the Fifth Circuit took up the application of the ministerial exception for the first time since the Supreme Court’s opinion in Hosanna-Tabor and applied the exception broadly. Philip Cannata was the Music Director… Continue Reading

Does Title VII Protect Followers of the Church of the Flying Spaghetti Monster?

Posted in Human Resources, News & Commentary, Reasonable Accommodation, Religion
Imagine this, its Friday and you are sitting in your office as Director of Verizon’s newly created Office of Reasonable Accommodation.  An employee, I’ll call him Joe, walks into your office.  Joe tells you he’s recently converted to the Church of the Flying Spaghetti Monster (i.e., he is now a Pastafarian); that Friday’s are his religion’s holiday;… Continue Reading