In a disability discrimination case involving a teacher at a Jewish school in Milwaukee, the Seventh Circuit has for the first time addressed the ministerial exception in light of the Supreme Court’s 2012 Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC decision. In Grussgott v. Milwaukee Jewish Day School, the court found a teacher who taught both Hebrew and Jewish studies demonstrated that her role furthered the school’s religious mission and that her position therefore fell under the ministerial exception, barring her disability discrimination claims….
Courts in the U.S. have been grappling with the misclassification of independent contractors for more than 20 years. As our readers well know, there is no standardized test to determine whether a worker is a contractor. Various courts and government agencies all have adopted their own criteria. Fortunately, most of them overlap, but there can be critical differences in the factors and how they are applied. In 2015, the Wage and Hour Division of the U.S. Department of Labor (DOL) firmly supported the “economic…READ MORE
Letter of the Law: A Revival! No employment lawyer worth her salt would choose anything other than “Accommodation” for the Letter A. And so it begins…. HR professionals know all too well that the ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities. While accommodations often include overcoming physical obstacles such as inaccessible workplace areas and unwieldy equipment, they more commonly pertain to workplace rules. For example, employers are asked to change when or where work is performed, leave…READ MORE
On Feb. 12, 2014 the Seventh Circuit Court of Appeals held an oral argument in University of Notre Dame v. Sebelius. In this argument, the university asked the Seventh Circuit to reverse a district court decision denying the university’s request to enjoin the application of the contraception mandate in the Affordable Care Act. Several other courts, including the U.S. Supreme Court, have enjoined the application of the contraception mandate while the courts consider whether the mandate violates employers’ constitutional rights. We discussed these earlier decisions in…READ MORE