Religious Rights in the Workplace: Navigating the Minefield of Antidiscrimination Law and Religious Protection
Growing Tension Between Title VII and RFRA, First Amendment Considerations
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the growing tension between Title VII's protection of an individual's right to be free from sex discrimination and the Religious Freedom Restoration Act's (RFRA) preservation of an individual's right to freely practice their religious beliefs. The panel will compare recent case law creating a circuit split on this subject and discuss the conflicting workplace obligations facing employers when one set of rights infringes on the other. The panel will provide key considerations and best practices for navigating this potential employment minefield.
Outline
- Title VII vs. RFRA
- Overview of Title VII and RFRA
- Circuit split and what it means for employers
- Braidwood Management v. EEOC
- EEOC v. R. G. Harris Funeral Homes Inc.
- First Amendment considerations
- 303 Creative L.L.C. v. Elenis
- Possible employment impact
- Key issues and considerations for employers
- Employer religious beliefs and company policies that conflict with antidiscrimination laws
- Employee religious objections and the undue hardship defense post-Groff v. DeJoy
- State law considerations
- Best practices for compliance and risk mitigation
Benefits
The panel will review these and other important considerations:
- How should counsel advise clients when an employee's or employer's religious beliefs conflict with the employer's obligations under Title VII and other antidiscrimination laws?
- What are First Amendment considerations that counsel and their clients should take into account when enforcing anti-discrimination policies in the workplace?
- What state law considerations should be kept in mind?
- How does the growing tension between religious freedom and the right to be free from discrimination affect the creation and enforcement of workplace policies?
Faculty
Stephen E. Fox
Partner
Sheppard Mullin
Mr. Fox has spent more than 25 years in boardrooms and courtrooms acting as a trusted advisor and litigation advocate... | Read More
Mr. Fox has spent more than 25 years in boardrooms and courtrooms acting as a trusted advisor and litigation advocate for clients – from Fortune 500 corporations to entrepreneurs – in complicated and often high-profile business and employment disputes. His advice/counseling and trial practice is focused on complex business and employment litigation. In the area of labor and employment law, clients look to Mr. Fox for proactive and practical recommendations to avoid litigation. But, when disagreements or disputes end up in the courtroom or in arbitration, he is a vigorous advocate, successfully trying cases in a myriad of areas, including non-competition violations; trade secret theft; executive departures; wage and hour compliance and collective actions; corporate downsizing; leaves of absence (ADA and FMLA); sexual harassment investigations; and compliance with federal/state anti-discrimination and retaliation statutes. Mr. Fox’s ability to synthesize complex facts and arguments into understandable and memorable pieces of information makes him a compelling courtroom advocate, as well as a frequent resource to print, broadcast and radio media.
CloseGreg Grisham
Of Counsel
Fisher & Phillips
For 30 years, Mr. Grisham has successfully counseled and represented employers in all areas of labor and employment... | Read More
For 30 years, Mr. Grisham has successfully counseled and represented employers in all areas of labor and employment law. His practice includes all areas of labor and employment law, including helping employers avoid claims, charges, and lawsuits with a focus on preventative practices and the representation of business entities subject to Title III of the ADA in public accommodation cases. Mr. Grisham has successfully litigated hundreds of administrative charges, employment lawsuits, and arbitration demands on behalf of employers, including federal and state law claims. He also represents employers before the NLRB in unfair labor practice proceedings. Additionally, Mr. Grisham represents employers in the enforcement of post-employment restrictive covenants such as non-compete, non-solicitation and non-disclosure agreements and related trade secret litigation.
Close