The Supreme Court, in a 5-4 decision, found today that the contraceptive mandate in the Affordable Care Act, to the extent that it applies to closely-held corporations, violates the Religious Freedom Restoration Act. And in another 5-4 decision, the Court found that the First Amendment does not allow home healthcare workers to be compelled to pay agency fees to the Service Employees ...

NOTE: Because of the Thanksgiving holiday, there will be no post on Friday. Happy Thanksgiving and happy Chanukkah! 

*SARCASM ALERT*

The following is a public service announcement. Only you can prevent your company from having a boring holiday party by following these six steps.

1. Let the wine flow like . . . wine! Alcohol should always be served at  company functions. One can never have ...

Abercrombie & Fitch has won a huge victory in one of its Muslim hijab-accommodation cases -- but will the decision stand?

As you know, the Equal Employment Opportunity Commission has filed two lawsuits against Abercrombie in California -- both of which have now settled -- but there was another one in Oklahoma, and it may be the most interesting of them all.

The EEOC won summary judgment ...

                          If you ever plan to motor west,

Travel my way, take the highway that is best.

Get your kicks on Route 66.

It winds from Chicago to LA,

More than two thousand miles all the way,

Get your kicks on Route 66.*

OK, kiddies -- jump into my '55 T-bird, and let's take off on old Route 66, from Chicago to L.A., more than two thousand miles all the way! If you promise to behave, I'll let you ride with the top down.

Mother's Day is long past, but you'd never know it -- in employment law, this has been the Week of the Moms. Here's a roundup - tell us what you think!

First up: Title VII's ban on pregnancy discrimination includes discrimination based on lactation or the need to express milk. The U.S. Court of Appeals for the Fifth Circuit* has held in a lawsuit filed by the U.S. Equal Employment Opportunity ...

Following up on my post on the subject, I had the chance to talk with Colin O'Keefe of LXBN regarding the recent "veganism as religion" case of Chenzira v. Cincinnati Children's Hospital Medical Center. In the brief interview I explain the background of the case and offer my thoughts on whether or not the plaintiff's veganism must be religious in nature for her claim to stand.  Colin, thank ...

A court says veganism might be a "religion" requiring accommodation, a school district gets nailed for failing to engage in the "interactive process" under the Americans with Disabilities Act, and yet another employer makes an avoidable and very expensive mistake with a severance package. Fun and games!

Is veganism a religion? Could be. A federal judge in Ohio has refused to dismiss a ...

(As the agencies and courts enter their year-end flurry of mischief, I'll be doing quick posts as needed on the latest developments.)

Dum-da-dum-dum!

The Equal Employment Opportunity Commission has adopted essentially the Strategic Enforcement Plan that I posted about earlier this year. The final version has added "equal pay enforcement" to its list of high priorities. Here is the ...

This week, several of us bloggers (Dan Schwartz, Donna Ballman, Eric Meyer, Jon Hyman, and I) will be choosing a debate question on a labor and employment law topic for each of the Presidential and Vice Presidential candidates.

DISCLAIMER: I have tried to ask an "adversarial" question of every candidate. Please don't be offended, and please be aware that my questions may or may not ...

The Equal Employment Opportunity Commission issued yesterday its draft Strategic Enforcement Plan. If you don't have time to slog through all the introductory material, you won't miss a thing if you skip right to Section III (Priorities). The agency proposes that its priorities will be

*Systemic discrimination cases involving recruitment and hiring. No big surprise there ...