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BT Currents - Hot Topics in Employment Law

22 Oct EEOC Defends “Mark of The Beast” Ruling – Religious Beliefs Don’t Have To Make Sense To Be Protected

In August 2015, the EEOC prevailed in a religious discrimination lawsuit against Consol Energy and was awarded in excess of $500,000.00.  Former Consol mine worker Beverly Butcher, who had been with the company for over 35 years, refused to use Consol’s new biometric hand scanners that were installed to track employee time and attendance.  He explained that he believed that scanners would leave the “mark of the beast” and would be a sign for the antichrist.  Consol required Butcher to use the scanners and refused…

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13 Jul “Perceived as” Religious Bias Claims? – A Federal Court in Michigan Says “Yes”

Recently, a federal judge in the Eastern District of Michigan denied a company’s motion for summary judgment that Title VII and Michigan state law do not prohibit discrimination on the basis of perceived religion. Kallabat v. Michigan Bell Tele. Co.¸2015 BL 194351, E.D. Mich., No. 2:12-cv-15470. Despite the citation of other six federal district court decisions from other states (IL, KS, NC, NY, OH and TN) holding that Title VII does not cover a perceived religion claim, the court held that they would not bar…

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22 Jun Does Being “Perceived As” Muslim Support A Title VII Claim? One Court Says Yes

Readers will know that the Americans with Disabilities Act (ADA) is distinctive among discrimination statutes in that it protects not only people who are disabled but also those regarded as disabled, as discussed here and here.  The foundation of a Title VII sex discrimination in the language “because of sex” also creates potential gray areas as to exactly who the law protects.  Generally, however, a person either is in a protected class or is not.   This recent case from a Michigan federal court flags…

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25 Mar The Church of a Good Night’s Sleep? One Court Says No.

There is a growing philosophical debate in some circles about whether atheism is itself a religion. At least one California appellate court has now weighed in with an answer.  In Copple v. California Department of Corrections and Rehabilitation, Marshel Copple founded his own branch of atheism called Sun Worshipping Atheism, a religion of which he is the sole member.  The central beliefs of Sun Worshipping Atheism are sleeping eight or more hours a day, getting fresh air daily, exercising frequently, having a job, being social…

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09 Mar More EEOC v. Abercrombie & Fitch: Why No Disability Accommodation Angle?

As Jeanine Gozdecki posted here, the U.S. Supreme Court recently heard oral argument in the case involving the scope of an employer’s obligation, if any, to initiate religious accommodation discussions with an applicant who was wearing clothing that would violate the company’s apparel policy but that would seem to be being worn for religious purposes. The federal court of appeals that heard the case seemed to say the company had no affirmative obligation, it had not discriminated if the applicant did not raise the issue….

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