Can a religious preference belief ever support a defense to anti-discrimination laws?  That was the question the U.S. Supreme Court faced and avoided in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission earlier today. The issue revolved around a cake shop whose devout Christian owners refused to bake a wedding cake for a gay couple…

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In a near-unanimous 7-page opinion, the U.S. Supreme Court held that employers need not have “actual knowledge” that an employee is requesting a modification of his position for religious purposes in order to be required to reasonably accommodate that request.  While the decision in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. was…

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Vaccines for children have been front-page news around the country after the breakout of measles at Disneyland.  Rightfully, the focus has been on children who are unvaccinated and the effect that it has on schools and places of public accommodation.  But, what about unvaccinated adults?  Can an employer require that its employees are vaccinated?

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Last year, we reported on a decision from a federal judge in San Francisco granting summary judgment to the Equal Employment Opportunity Commission (EEOC) in a case brought on behalf of a former Abercrombie & Fitch employee who was fired for wearing a hijab (a Muslim headdress for women) at work.   The judge in that…

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Number 34: Religious Dress And Appearance Requires Courts To Strike A Delicate Balance Between Religious Freedom And Business Needs A recent survey by the Pew Research Center reports that 58% of Americans say that religion is very important in their lives and 76% of Americans say that prayer is an important part of their daily lives.  The…

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