Failure to Accommodate Religion

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A slice of cake, a cheerful song, and a brightly-colored card—workplace birthdays seem like harmless, even morale-boosting, fun. As an employment lawyer, however, I see a few too many “Happy Birthday” signs that, in a worst-case scenario, could become a sign of legal trouble. What is intended as a kind gesture can unintentionally trigger legal…

Read More ♫ Happy Lawsuit to You ♪: An Employment Lawyer’s Take on Workplace Birthdays
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In Applewhite et al v. N.Y.C. Dept. of Education, 2024 WL 3718675 (E.D.N.Y. Aug. 8, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s failure-to-accommodate religion claim. From the decision: A plaintiff bringing a Title VII religious discrimination claim for failure to accommodate must allege that she “(1) has a bona fide religious…

Read More Failure to Accommodate Religion Claim Dismissed, Absent Allegation of Conflict Between Religious Observance and Employment Requirement
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In Ramos v. Envoy Air Inc., Civil Action No. 3:23-CV-2276-X, 2024 WL 2754055 (N.D.Tex. May 29, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of religious discrimination under Title VII of the Civil Rights Act of 1964. From the decision: [Title VII] defines religion broadly to include all aspects of religious…

Read More Seventh Day Adventist Sufficiently Alleges Title VII Religious Discrimination Claim
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In Almodovar v. The City of New York, No. 150953/2023, 2024 WL 1806059 (N.Y. Sup Ct, New York County Apr. 25, 2024), the court dismissed plaintiff’s claims of religion-based discrimination arising from the employer’s Covid-19 vaccine mandate. From the decision: With respect to religious discrimination, Plaintiff’s bare bones complaint contains few factual allegations to support…

Read More Vaccine Mandate-Based Religious Discrimination Claims Dismissed
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In Ashandra v. 1199 Seiu Nat. Ben. Fund, No. 1599612022, 2023 WL 6975971 (N.Y. Sup Ct, New York County Oct. 18, 2023), the court granted the defendant’s CPLR 3211(a)(7) motion to dismiss plaintiff’s failure-to-accommodate-religious-practices claim asserted under the New York State and City Human Rights Laws. In sum, plaintiff alleged that defendant violated the law…

Read More Court Dismisses Covid Vaccine Failure-to-Accommodate-Religion Claim Asserted Under the New York State and City Human Rights Laws
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In a recent complaint filed in the U.S. District Court for the Eastern District of Arkansas – captioned Equal Employment Opportunity Commission v. The Kroger Company d/b/a Kroger Store No. 625, E.D. Ark. 20-cv-01099 (filed Sept. 14, 2020) – the EEOC alleges that Kroger violated Title VII of the Civil Rights Act of 1964 and…

Read More Religious Discrimination Complaint Against Kroger
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In Khaleel v. Heightened Security SVC Inc., 15-cv-1387, 2018 WL 1353266 (SDNY March 15, 2018), the court granted summary for defendant on plaintiff’s various claims, including for hostile work environment/sexual harassment, religious discrimination (failure to accommodate), and retaliation. In this blog post, I’ll discuss the court’s evaluation of plaintiff’s religious discrimination/failure to accommodate claim. The law,…

Read More Court Explains Dismissal of Religious Discrimination / Failure to Accommodate Claim
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In Brooks v. City of Utica, No. 16-cv-1427, 2017 WL 3242273 (N.D.N.Y. July 28, 2017), the court ruled on claims asserted by plaintiff – a firefighter-paramedic and practicing Nazirite – of discrimination based on religion, retaliation, failure to accommodate religious beliefs, and hostile work environment. Plaintiff’s religious observance as a Nazirite required him to keep…

Read More Practicing Nazirite Sufficiently Alleges Religion-Based Hostile Work Environment Claim
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In Brooks v. City of Utica, No. 16-cv-1427, 2017 WL 3242273 (N.D.N.Y. July 28, 2017), the court ruled on claims asserted by plaintiff – a firefighter-paramedic and practicing Nazirite – of discrimination based on religion, retaliation, failure to accommodate religious beliefs, and hostile work environment. Plaintiff’s religious observance as a Nazirite required him to keep…

Read More Practicing Nazirite’s Retaliation Claim, Arising From Mistreatment After Requesting Long hair Reasonable Accommodation, Survives Dismissal
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In Chavis v. Wal-Mart Stores, Inc., No. 15 CIV. 4288 (DC), 2017 WL 3037536 (S.D.N.Y. July 18, 2017), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s claim that she was subjected to a hostile work environment based on her religion. Specifically, plaintiff – an Asset Protection Manager at the Suffern Walmart…

Read More Walmart Awarded Summary Judgment on Religion-Based Hostile Work Environment Claim
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