Religious Discrimination and Accommodation in the Wake of EEOC v. Abercrombie

(2952 Ratings)

Produced on: September 08, 2015

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Advanced

On June 1, 2015, the U.S. Supreme Court held that an employer may be liable for religious discrimination in refusing to hire an applicant or accommodate her religious beliefs, even if the employer lacks actual knowledge of the potential conflict between the applicant’s religious observance and the employer’s neutral workplace policies. In Abercrombie, the Supreme Court concluded that Samantha Elauf, a practicing Muslim who appeared for her interview in a hijab, had stated a claim for religious discrimination against Abercrombie & Fitch even though Elauf never mentioned her religion or requested an accommodation during her interview. 

 

Although the Supreme Court’s decision underscores the need for employers to be more aware of the potential need to accommodate workers’ religious observances, the Court provided little guidance to employers as to when and how to engage applicants or employees who may need religious accommodations. This program explores the EEOC’s position regarding religious discrimination and accommodation and the effect of the Supreme Court’s decision on employers’ hiring practices. George C. Whipple III and Nathaniel M. Glasser, experienced practitioners of EEO law and members of Epstein Becker Green, identify and provide strategic insights for employers to comply with the recent Abercrombie decision and avoid religious discrimination claims.

 

Learning Objectives:

I.     Review the EEOC’s position regarding religious discrimination and accommodation 

II.    Understand the EEOC v. Abercrombie & Fitch Stores, Inc. decision and rationale 

III.   Explore the impact of the Abercrombie decision on workplace policies, particularly recruitment and hiring 

IV.   Identify strategies that allow legal compliance while meeting business objectives

Faculty

George Carroll Whipple III

Epstein Becker & Green

GEORGE CARROLL WHIPPLE, III, is a Member of the Firm in the Employment, Labor, and Workforce Management practice, in the New York office of Epstein Becker Green.

 

Mr. Whipple:

  • Counsels employers on workplace issues, including hiring and promotion, firing and discipline, wage and hour, and the implementation of employment policies, to ensure compliance with federal and state laws
  • Conducts internal investigations on human resource compliance and regulatory issues
  • Advises clients on non-competition and raiding issues
  • Negotiates with incoming and outgoing employees, and prepares contracts
  • Represents clients in trials, arbitrations, and mediations in the areas of compensation disputes and discrimination
  • Represents employers in wage and hour and independent contractor collective actions and reviews
  • Counsels clients on compensation plans and programs
  • Handles legal fee reduction reviews

Prior to joining Epstein Becker Green, Mr. Whipple was a Managing Director and Chairman of the Global Human Resources, Executive Compensation, and Employment Law Practice Group of a global financial services company. Mr. Whipple started his career at a large U.S. law firm, where he litigated employment cases for an American multinational technology and consulting corporation and tried the In re Birmingham Reverse Discrimination Employment Litigation. He later became the head of the employment law group at a U.S. investment bank.

 

Mr. Whipple received a Bachelor of Arts degree from Columbia College of Columbia University in New York City, earned a Juris Doctor degree from Columbia Law School, and attended Columbia University's Graduate School of Business.

 

Education

Columbia University School of Law (J.D.)

Columbia University (B.A.)

  • Class President
  • John J. Coss Prize for Academic Excellence and Civic Responsibility

 

Bar Admissions

New York

 

Court Admissions

Supreme Court of the United States

U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New York

 

Memberships

New York State Bar Association

Nathaniel M. Glasser

Epstein Becker & Green

NATHANIEL M. GLASSER is a Member of the Firm in the Labor and Employment practice, in the Washington, DC, office of Epstein Becker Green. His practice focuses on the representation of leading companies and firms, including publishing and media companies, financial services institutions, and law firms, in all areas of labor and employment relations.

 

Mr. Glasser’s experience includes:

  • Defending clients in employment litigation, from single-plaintiff to class action disputes, brought in federal court, state court, and arbitration tribunals involving claims of unlawful discrimination, harassment, retaliation, breach of contract, defamation, alleged violation of the FLSA and state wage and hour laws, and whistleblowing
  • Representing clients facing charges at the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, the District of Columbia Commission on Human Rights, the New York State Division of Human Rights, the New York City Commission on Human Rights, and other administrative agencies at the federal, state, and local levels
  • Counseling employers on a wide array of employment-related issues, including terminations and reductions in force; management of personnel problems; disciplinary actions; compliance with wage and hour, family and medical leave, disability, and discrimination laws; and the drafting of employment handbooks and policies
  • Leading, conducting, and advising on the internal investigation of complaints of harassment, discrimination, retaliation, and other alleged unfair treatment
  • Providing anti-discrimination and anti-harassment training

Mr. Glasser also provides pro bono services for various not-for-profit organizations, which include conducting internal investigations, leading employment law training seminars, and assisting in the creation of employment policies and handbooks.

 

Prior to joining Epstein Becker Green, Mr. Glasser practiced labor and employment law in the New York and Washington, DC, offices of a major international law firm.

 

While attending law school, Mr. Glasser served as the Executive Editor of the New York University School of Law’s Journal of International Law and Politics. After graduating from law school, he clerked for the Hon. William G. Bassler of the U.S. District Court of the District of New Jersey.

 

In 2014, Mr. Glasser was named to the New York Metro Rising Stars list in the area of Employment & Labor. He also received The Legal Aid Society Award for Outstanding Pro Bono Service in 2006 and 2008 and has been named Empire State Counsel by the New York State Bar Association five times.

 

Education

New York University School of Law (J.D., 2004)

University of Pennsylvania (B.A., cum laude, 2001)

 

Bar Admissions

District of Columbia

New Jersey

New York

 

Court Admissions

U.S. District Court, District of Connecticut

U.S. District Court, District of New Jersey

U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New York

 

Memberships

American Bar Association (Labor and Employment Section)

DC Bar (Labor and Employment Section)

New York State Bar Association

Reviews

JJ
Julie J.

Good pace.

TG
Teresa G.

Great content and analysis.

BC
Barbara C.

Excellent coverage of subject.

CS
Christ S.

This has been a well organized program

RF
Robert F.

Informative

LR
Leslie R.

This program hit the relevant cases and the conversational manner of discussion kept me engaged.

OF
Owen F.

This was a great course that covered a lot of ground very memorably and quickly.

SL
Susan L.

Very interesting.

RG
Ruth G.

Very interesting. I would note that a business that prohibits dreadlocks is asking to be seen as not just intolerant of religious but also racial diversity.

RK
Richard Eric K.

Good presentation

PK
Patricia K.

good case examples

RN
Ryan N.

Difficult area. Great job!

RV
Robert V.

Good course

JS
Jill S.

Narrow focus, but very good. Important issue.

CE
Corey E.

Thank you

KC
Kristine C.

Excellent presentation and excellent interplay between instructors.

EH
Euticha H.

Excellent course -- excellent presenters -- thank you!

GD
Gregory D.

This was a very thorough and informative course. I'm an in-house counsel dealing closely with HR, so this will have an immediate impact on my job. Thanks!

GE
George S E.

Very interesting topic. I liked this a lot.

JM
Joy M.

I found it extremely informative.

SK
Sandra K.

Intelligent presentation of a sensitive and complex subject. Bravo!

DS
Donald S.

Highly recommend. Very well done and informative on a timely topic.

CP
Christyann P.

nice case analysis

RS
Robert S.

explained well pitfalls in an ever evolving area of law

MM
Michael M.

Instructors offered a sound basis for evaluating when and how to respond to possible Title VII claims.

TW
TAMMY W.

Would like to learn more about this subjectl Although it was classified as beginner, It was very informative. I'm just interested in more.

SS
SUSANNA S.

GREAT LECTURE

PL
Perry L.

Good presentation

JS
Jonathan S.

Excellent 1 - 2 Punch.

BP
Blair P.

Great topic, and great coverage.

RP
Rachel P.

excellent

JK
Jamilee K.

I found this course to be very interesting.

JF
Jordan F.

Good review of an evolving issue. Very interesting.

DB
Daniel B.

Very good presentation.

DD
Darlene D.

This a Very timely course, tough issues presented well.

BN
Barbara N.

Efficient covering of a lot of material. Held my attention. Was comprehensive.

MS
Max S.

Excellent presentation on an interesting and fluid topic. I liked having two presenters.

KM
Kieran M.

ver organized in their presentation.

TF
Thomas F.

very well done faculity perfect for the block

ER
Edward R.

The practice pointers given were excellent.

ST
Scott T.

a very good & informative presentation

DE
Diane E.

excellent review and interpretations

RM
Retha M.

Thoughtful analysis and presentation.

JB
Jennifer B.

Extremely interesting!!

RG
Ruth G.

Well done.

TP
Tecia P.

Very well presented and interesting

RF
Rebecca F.

Good program. Very interesting discussion. Appreciated the discussion of potential practical implications of the case.

CM
Cynthia M.

Great discussion, thanks!

MM
Matthew M.

The presenters were very knowledgeable.

DW
Dorrie W.

I think this is an important emerging area of employment law, and all their comments were enlightening.

LF
Lori F.

I enjoyed the discussion on the cases. Good practical advice.

PG
patrick g.

Excellent presentation. Good high quality take away points.

TL
TARA L.

I am a fan of the dual panelist format; much more engaging than a one practitioner presentation.

MH
Maria H.

It was very good. I liked this format.

GS
Gino S.

Good program on a difficult subject

MS
Melissa S.

The faculty had great dialogue amoungst themselves and were very informative. Great program!

LB
Lyle B.

Good discussion

WL
Wayne L.

Very informative.

ME
Mark E.

Great topic. Great presentation.

KP
Karen P.

Very interesting topic and the presenters were great!

JA
Julie A.

Excellent course.

AF
Adam F.

Good presentation

AH
ANGELA H.

Great topic

JC
Jacob C.

This was an exceptional course.

MG
Michelle G.

This is my favorite CLE program! Even my spouse was riveted. We kept pausing and reading the slides and going back and listening again. Really an excellent one!

SB
Shannon B.

The two person, conversation based presentation was very effective and engaging.

EL
Erek L.

Appreciated the dialogue

AW
Andrew W.

Excellent presentation. To speaker format where they can play off one another is much more interesting the a single speaker.

EJ
Ellen J.

These guys are entertaining and have a good chemistry with each other.

GK
George K.

Good course

CL
charles l.

Outstanding presentation format...conversational tone and interplay between presenters pulled off extremely well.

LH
Lee H.

This course is excellent!! Not my area of practice, but excellent discussion of the complexities for employers to comply with the majority opinion in the EEOC v. Abercrombie when hiring!!! Difficult issues for HR when interviewing prospective employees!!

DH
David H.

I found this course to be informative.

RM
Richard M.

Useful information.

MH
Mary H.

Great team presenters. Interesting course.

KS
Kenneth S.

Very well done!

JC
Julie C.

I really enjoyed this and the presenters were excellent.

CS
Charles S.

Wow. Will recommend that my employment AGC develops new training for HR as well as other interviewers. Thanks.

HB
Heather B.

Excellent presentation. Thanks.

JB
James B.

Excellent presentation.

WG
William G.

This is an outstanding discussion of religious discrimination and workplace accommodation.

AS
Andrew S.

very interesting area of law

JG
John G.

Very informative and worthwhile

AB
Andrew B.

Very informative would recommend.

AM
Ana M. M.

Very informative

RH
Rhonda H.

The presenters were very knowlegeable and presented the material in a very clear and logical way.

LM
Lindsay M.

Excellent presentation. Informative and the conversational presentation style was very engaging.

LD
Louis D.

Very practical. Excellent discussion.

RH
Robert H.

Excellent presentation. Dual format a big plus.

CH
Constance H.

Both presenters were very knowledgeable and they complemented each other, making the learning experience very interesting.

EC
elizabeth c.

Best Lawline online CLE of year I've seen. Excellent!

PG
Patrick G.

Important course for recent trends in immigration by diverse religious groups.

WD
William D.

These were interesting presenters.

BC
Brandy C.

excellent presentation and subject matter

SB
Susan M. B.

Extremely enjoyable and informative. Speakers worked very well together.

CB
connie b.

Wish they had had more time - very interesting.

HZ
Herbert Z.

Very interesting discussion about a topic out of my area of experience, but in which I have been interested.

MR
Michael R.

Enjoyed

SA
Sharon A.

Informative course for employers

JN
Jeffrey N.

Fascinating interaction between the presenters. Tough subject in flux.

JM
Judith M.

Loved this format!!! Wish there were more courses with a similar format.

BS
Benjamin S.

Very good discussion about Abercrombie and accommodation

MT
Mo T.

Excellent presentation, combining practical HR advice with case law analysis on a difficult subject.

DD
Donald D.

One of the better ones

MR
Matthew R.

This was fascinating and informative on this confusing area -- clearly explained.

DB
Diane B.

Very practical advice. Good hour.

JF
Jeremiah F.

Nice job of keeping perspective and trying to give us something of value.

AG
Amanda G.

Very interesting and informative!

GE
Gbolahan E.

Very good

RC
Richard C.

a very nice presentation!

RD
Ryan D.

Thank you.

DC
derryl c.

needed more time. very interesting subject

SB
Susan B.

They are both great speakers and interesting. They must be really good in Court. Thank you for this class.

PB
Paul B.

I knew nothing about the Abercrombie case going in. The course was well presented. I really enjoyed the dialogue format.

SB
Sandra B.

Interesting

JS
Jill S.

Very good.

HD
Hazel D.

Very informativee

TB
Tamela B.

Great presentation.

PG
Patt G.

Excellent team work on the subject matter

JA
John A.

Fantastic presentation. Entertaining structure. The presenters came off like a play-by-play guy and a color commentator.

DM
Deanna M.

My favorite lecture so far this year, based on the speakers and the topic.

RS
Rena S.

Interesting discussion, well presented ...

JF
Jeremy F.

great presentation on an area of the law that is murky

SB
Suzanne B.

Fascinating info relative to the encumbrances employers or even would be employers face in this era.

JB
Jean B.

Fascinating presentation with good practice tips.

JG
Jeffrey G.

Great format with two presenters, give and take

TB
Thomas B.

A very good approach using case law "stories" and discussion to illustrate changing Title VII law.

CB
Cathy B.

Very informative

KF
Kirl F.

Good

HF
Henry F.

Very knowledgeable

TW
T W.

Worthwhile.

BH
Bill H.

very insightful

JC
John C.

Excellent course; extremely knowledgeable and effective speakers.

ET
Emma T.

Well done. Informative.

SK
Steven K.

I enjoyed the give and take of these two speakers. The case having been in the recent news made this a much more interesting listen.

DH
Daniel H.

Good introduction to the topic.

MB
Michael P. B.

Timely and concise.

DW
Dilay W.

Great course!

BL
Benton L.

excellent

RM
Robert M.

Very Engaging. I liked the format of this lecture as it was much more informal than some of the others and kept me engaged throughout.

SM
Stephen M.

I liked the "team" approach for this CLE.

JN
Jeanne N.

This was excellent!

MK
Madelon K.

Really informative. I also liked the format -- more of a discussion between the two panelists.

MW
Monica W.

Great PPT, makes a nice reference sheet

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