Employees have a First Amendment right to express their beliefs in the workplace, but these rights are not unbounded. Employers may impose restrictions on religious expression and activity but they are also required to accommodate religious expression. This volatile combination leaves employers in a difficult position of balancing expression against accommodation. The Supreme Court has recent issued a major decision in this area, EEOC v. Abercrombie, which discussed the extent to which employers must accommodate employees’ appearance when motivated their religion. There are also ongoing questions of the extent to which employers must allow proselytizing in the workplace, permissible dress code restrictions, the use of days off as a form of accommodation, and much more. This program will provide you with a practical guide to recent case law and other developments in workplace religious discrimination and accommodation.
• Significant developments in religious discrimination and trends in accommodation in the workplace
• Appearance policies and the recent Supreme Court decision in EEOC v. Abercrombie
• Proselytizing in the workplace – harassment or accommodation?
• Determining what clothing and headdresses are an accommodation
• Employee days off for religious observances as a form of accommodation
• Pro-active forcing of religious activity to guarantee status as a minister
• LGBT accommodation in the workplace
• Best practices in religious accommodation in the workplace
Carol R. Miaskoff is an Assistant Legal Counsel at the U.S. Equal Employment Opportunity Commission in Washington, D.C., where she has played a central role in addressing new labor and employment legislation from the EEOC perspective, including various aspects of the Health Insurance Portability and Accountability Act (HIPAA) and the Family and Medical Leave Act (FMLA). She is an author of the law review article “Coverage of Psychiatric Disorders Under the Americans with Disabilities Act,” with Peggy R. Mastroianni. Ms. Miaskoff is a graduate of Harvard University and The George Washington University National Law Center.
Kenneth M. Willner is a partner in the Washington, D.C. office of Paul Hastings, LLP, and chair of the office's employment law practice. He represents employers in all aspects of employment law and litigation including wrongful discharge, discrimination, sexual harassment, disability discrimination, class actions, and individual cases in federal and state courts and before the Equal Employment Opportunity Commission and Office of Federal Contract Compliance Programs. Mr. Willner received his B.A., with distinction, from the University of Virginia, and his J.D. from the University of Virginia Law School.
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