In the retail and hospitality industries, employers sometimes are searching for that special “look” that can help define them. Abercrombie and Fitch is certainly one of those types of businesses, and you can think to various hotels, nightclubs or retail stores for other examples. But is it legal? That’s the subject of an interesting column… Continue Reading
Tag Archives: religious
BREAKING: Connecticut Supreme Court Adopts Second Circuit’s “Ministerial Exception” Rule
Posted in Discrimination & Harassment, LitigationThe Connecticut Supreme Court today ruled (in a decision that will be effective August 2, 2011) that the ministerial exception found under the First Amendment bars certain employment related claims brought against religious institutions. The court’s unanimous decision in Dayner v. Archdiocese of Hartford can be downloaded here. In doing so, the Court explicitly adopts… Continue Reading
Passover & Easter: A Time to Reflect on Religious Discrimination Issues
Posted in Human Resources (HR) ComplianceWith Passover and Easter coming up this week, it seems timely to revisit the laws regarding religious discrimination and accommodation. Fortunately for you (and me), the Employment & Labor Insider just posted a terrific piece on the subject. Among the issues that the post flagsis the common situation of an employer who tries to decide… Continue Reading
Guest Post: A New Wrinkle in Dress Codes — The Religious Significance Angle
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) ComplianceFrom time to time, I’ve been fortunate to have several guest bloggers contribute their thoughts on Connecticut employment law. Today, I’m happy to continues that trend with a post from my Pullman & Comley colleague Michael "Mick" Lavelle. Mick has broad trial experience, both jury and non-jury, before state and federal civil courts and before administrative agencies… Continue Reading
Are Connecticut Courts Still Instructing Juries Using a McDonnell-Douglas Analysis? The Unanswered Question
Posted in Discrimination & Harassment, LitigationAppellate Court decisions can be frustrating. Every once in a while, instead of deciding the merits of the matter, the court will reject an appeal because a party did not "preserve" the issue at the lower courts through a proper protest. That’s what happened in Mokonnen v. Pro Park, Inc. (download here) from the Connecticut Appellate… Continue Reading
EEOC Releases New Compliance Manual Section on Religious Discrimination
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and RegulationsThe EEOC today released a new compliance manual section on religious discrimination in the workplace. A press release from the EEOC is available here while you can download the actual section directly here. What is useful about the compliance manual section, according to the EEOC, is that it "includes a comprehensive review of the relevant provisions of Title… Continue Reading
Second Circuit Confirms “Ministerial Exception” and Finds Title VII Unconstitutional When Applied to Priests
Posted in Discrimination & Harassment, LitigationIt’s just a little bit ironic that on this Good Friday, the Second Circuit decided a case that will be very important to religious institutions in Connecticut, New York and Vermont. Ultimately, it held that Title VII — which, among other things, prohibits discrimination based on race — is unconstitutional when applied to certain religious… Continue Reading
