Around the Web

Here are some important law-and-religion news stories from around the web:

  • The U.S. Supreme Court denied review in St. Augustine School v. Underly, in which the Seventh Circuit remanded a suit challenging Wisconsin’s refusal to provide bus transportation to students at St. Augustine School.
  • In Al Saud v. Days, the Ninth Circuit rejected claims under RLUIPA and the First Amendment brought by a Muslim inmate who sought to be housed only with other Muslim inmates. Plaintiff contends he is currently unable to pray as required by his religion because inmates he is housed with harass him while he prays. 
  • In Tucker v. Faith Bible Chapel International, the Tenth Circuit held that interlocutory appeals from the denial of a ministerial exception defense are not permitted. In the case, a former high school teacher and chaplain contends that he was fired for opposing alleged racial discrimination by a Christian school. 
  • In In the Matter of United Jewish Community of Blooming Grove, Inc. v. Washingtonville Central School District, a New York state appellate court held that under New York statutory law, school districts are not required to provide bus transportation to private school students on days when private schools are in session, but public schools are closed. 
  • In McKinley v. Grisham, a New Mexico district court allowed plaintiffs to move forward with their Free Exercise challenge to restrictions on in-person gatherings at houses of worship. 
  • The EEOC announced that it has filed suit against Del Frisco’s of Georgia, an Atlanta restaurant, for refusing to accommodate an employee’s religious beliefs.

Around the Web

Here are some important law-and-religion news stories from around the web:

Around the Web

Here are some important law-and-religion news stories from around the web:

Around the Web

Here are some important law-and-religion news stories from around the web:

Mooney on the Hajj and Reasonable Accommodation Under Title VII

Matthew P. Mooney (Student at Duke U. School of Law) has posted Between a Stone and a Hard Place: How the Hajj Can Restore the Spirit of Reasonable Accommodation to Title VII. The abstract follows.

Although section 701(j) of the Civil Rights Act of 1964 requires that employers reasonably accommodate their employees’ religious practices and beliefs, many commentators acknowledge that the spirit of reasonable accommodation has not been realized because courts have drastically limited the scope of employers’ duty. This may be especially true for Muslims, who, according to a 2012 study, are roughly half as likely to prevail in free-exercise and religious-accommodation lawsuits as are non-Muslim claimants. One of the central tenets of Islam, the hajj, poses significant challenges for Muslim employees seeking accommodation under Title VII. Because accommodating the hajj will almost always impose more than a de minimis cost on employers, a court is unlikely to find that Title VII requires employers to accommodate a Muslim employee’s decision to complete the pilgrimage.

This Note attempts to articulate a new method for expanding Title VII’s protection of employees’ religious beliefs and practices. Specifically, this Note argues that increased involvement by the Equal Employment Opportunity Commission and the Department of Justice in hajj-accommodation cases offers a promising approach to developing a more balanced accommodation doctrine, or at least to  realigning the scales so that they are not tilted so heavily in favor of employers. Despite clear precedent limiting an employer’s duty to accommodate, increased intervention by the federal government in Title VII hajj-accommodation cases has the potential to shift the conception of reasonable accommodation. Though the government must pick and choose the cases in which to intervene, hajj-accommodation cases present an opportunity to further the dual purposes of the government’s Title VII enforcement authority to implement the public interest as well as to bring about more effective enforcement of private rights. Intervention can restore the spirit of accommodation to section 701(j) and give employers more of an incentive to accommodate their employees’ religious obligations.