Religion-Based Discrimination

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In a recent release, the U.S. Equal Employment Opportunity Commission highlights the increase in employment discrimination claims brought by members of the Muslim, Sikh, Arab, Middle Eastern and South Asian communities in the aftermath of the 9/11 terrorist attacks.  Especially in these difficult times, it is important to ensure that everyone is protected by the…

Read More EEOC Weighs in on Discrimination and Harassment of Muslim, Sikh, Arab, Middle Eastern and South Asian Employees
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On August 30, 2011, Mayor Bloomberg signed into law amendments to the New York City Human Rights Law (specifically, to sections 8-102(18) and 8-107(3)(b) of the New York City Administrative Code) which effectively make it more difficult for an employer to refuse to accommodate an employee’s religious beliefs on the ground that the requested accommodation…

Read More Amendments to NYC Human Rights Law Provide Enhanced Protections Against Religious Discrimination in Employment
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In EEOC v. Dresser Rand Co., 04-CV-6300 (W.D.N.Y. August 10, 2011), a New York federal court rejected the defendant’s argument that an employment discrimination plaintiff’s decision not to pursue additional training at a local community college resulted in a failure to mitigate his damages. Plaintiff, a Jehovah’s Witness, sued his employer alleging religious discrimination in violation…

Read More Mitigation under Title VII does not require re-education
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Although this is not a New York case, the issues raised are of sufficient import to plaintiff-side employment litigators everywhere, particularly since it resulted in a summary judgment for plaintiff. EEOC commentary here; text of opinion (EEOC v. Abercrombie & Fitch Stores, Inc., 09-CV-602-GKF-FHM (N.D. Okla. July 13, 2011)) here.

Read More Oklahoma federal court agrees with EEOC’s claims against store for failure to hire hijab-wearing Muslim girl
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In Kampfer v. Buchanan et. al., No. 1:10-CV-1234 (N.D.N.Y. Feb. 18, 2011), the court dismissed plaintiff’s claim – brought under 42 U.S.C. 1981 (“Section 1981”) – which was solely based on defendant’s alleged comment alluding to the parties’ “Mormon contract”.  Plaintiff alleged that this constituted racial discrimination that interfered with his ability to make and enforce a…

Read More Section 1981 Inapplicable to Discrimination Based on Religion
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