Category Archives: Religion

Fire Chief Was Terminated For Misconduct Not Because Of His Religion

Hittle v. City of Stockton, 76 F.4th 877 (9th Cir. 2023) Ronald Hittle served as the City’s Fire Chief before he was fired (following an investigation by an outside investigator) because he lacked effectiveness and judgment in his ongoing leadership of the Fire Department; used City time and a City vehicle to attend a religious … Continue Reading

Employer Must Prove “Substantial Increased Costs” Would Result From Religious Accommodation

By Tony Oncidi on September 19, 2023 Posted in Exempt Employees, Federal Jurisdiction, Off-the-clock Issues, Public Employment, Religion, Supreme Court, U.S. Supreme Court, Uncategorized

Groff v. DeJoy, 600 U.S. ___, 143 S. Ct. 2279 (2023) Gerald Groff, an Evangelical Christian, took a mail delivery job with the USPS at a time when postal service employees were was not required to work on Sundays. However, when the USPS began facilitating Sunday deliveries for Amazon, he was called upon to work … Continue Reading

May 2023 California Employment Law Notes

By Tony Oncidi on May 23, 2023 Posted in Age discrimination, California Labor & Employment Law, Computer and Internet Use, Day Laborers, Discrimination, Employee Benefits, Employment Contracts, Employment Law Notes, Employment Policies, Independent Contractors, Privacy, Religion

We invite you to review our newly-posted May 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception” Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express … Continue Reading

Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception”

By Tony Oncidi on May 23, 2023 Posted in Age discrimination, California Labor & Employment Law, Discrimination, Employment Law Notes, Religion, Uncategorized

Atkins v. St. Cecilia Catholic Sch., 2023 WL 3142316 (Cal. Ct. App. 2023) Frances Atkins was a long-term employee of St. Cecilia Catholic School, and in her final year with the school, she worked part-time as an art teacher and office administrator. Following the termination of her employment, Atkins sued the school for age discrimination in … Continue Reading

July 2021 California Employment Law Notes

By Tony Oncidi on July 28, 2021 Posted in Anti-SLAPP, California Labor & Employment Law, Class Actions, Computer Fraud and Abuse Act, Disability, Discrimination, Diversity and Inclusion, Harassment, Independent Contractors, Jury verdicts, Meal Periods and Rest Breaks, Religion, Title VII, Wrongful Termination

We invite you to review our newly-posted July 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Board of Directors Quota Law May Be Unconstitutional 2:1 Ratio of Punitive to Compensatory Damages Was Appropriate High School Football Coach’s Title VII Claim Was … Continue Reading

High School Football Coach’s Title VII Claim Was Properly Dismissed

By Tony Oncidi on July 28, 2021 Posted in Religion, Title VII

Kennedy v. Bremerton Sch. Dist., 991 F.3d 1004 (9th Cir. 2021) Joseph Kennedy, a high school football coach, was not rehired after he repeatedly kneeled with team members (some of whom may have felt pressured to join him) and prayed at mid-field following games. The school district warned Kennedy that his actions, which attracted media attention, … Continue Reading

July 2020 California Employment Law Notes

By Tony Oncidi on July 31, 2020 Posted in California Labor Code, Discrimination, Employer Liability for Worker's Actions, Employment Law Notes, Independent Contractors, Leaves of Absence, Liability for Employee's Actions Outside the Workplace, Meal Periods and Rest Breaks, Off-the-clock Issues, PAGA, Religion, Sexual orientation discrimination, Uncategorized, Wage and Hour, Wage Statements

We invite you to review our newly-posted July 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Supreme Court Recognizes Discrimination Protection For Gay/Transgender Employees Under Title VII Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down … Continue Reading

Religious Schools Were Permitted To Terminate Employment Of Teachers Despite Claims Of Discrimination

By Tony Oncidi on July 31, 2020 Posted in Discrimination, Leaves of Absence, Religion

Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) Agnes Morrissey-Berru and Kristen Biel worked as elementary school teachers at, respectively, Our Lady of Guadalupe School and St. James School. Following the termination of her employment, Morrissey-Berru sued her school for age discrimination under the ADEA; following the termination of … Continue Reading

Dean Of Theological Seminary Was A “Ministerial Employee”

By Tony Oncidi on November 19, 2018 Posted in Breach of Contract, California Labor & Employment Law, Employment Law Notes, Religion

Sumner v. Simpson Univ., 27 Cal. App. 5th 577 (2018) Sarah Sumner was the dean of the A.W. Tozer Theological Seminary and was employed pursuant to a written employment agreement. Her employment was terminated by Robin Dummer in his capacity as acting provost of the university on the ground that Sumner had been insubordinate. Sumner … Continue Reading

Employer May Not Retaliate Against Person Who Requests An Accommodation Regardless Of Whether It Was Granted (AB 987)

By Tony Oncidi on September 7, 2015 Posted in New and Proposed Laws and Legislation, Reasonable Accommodation, Religion, Retaliation

AB 987 prohibits an employer from retaliating or otherwise discriminating against a person for requesting accommodation of his or her disability or religious beliefs, regardless of whether the accommodation request was granted.… Continue Reading

Unpaid Interns Are Now Protected Against Discrimination and Harassment

By Jose (Joe) Perez on September 12, 2014 Posted in Disability, Discrimination, Employment Policies, FEHA, Harassment, New and Proposed Laws and Legislation, News, Reasonable Accommodation, Religion, Retaliation, Uncategorized, Wage and Hour

On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns. Employers are now prohibited from discrimination based on protected characteristics in the “selection, termination, training or other terms” of unpaid interns. A.B. 1443 also prohibits harassment of unpaid interns based on protected characteristics, … Continue Reading

California Increases Protection of Religious Expression in the Workplace

By Julia Brodsky on September 12, 2012 Posted in Reasonable Accommodation, Religion

Effective January 1, 2013, California employers will be required to accommodate their employees’ religious dress and grooming practices. Governor Brown has signed into law the "Workplace Religious Freedom Act of 2012" (authored by Assemblymember Mariko Yamada (D-Davis)), which specifies that religious dress and grooming practices shall be considered a protected religious observance under the California … Continue Reading

California Increases Protection of Religious Expression in the Workplace

By Tony Oncidi on September 1, 2012 Posted in Employment Law Notes, FEHA, New and Proposed Laws and Legislation, Reasonable Accommodation, Religion

Effective January 1, 2013, California employers will be required to accommodate their employees’ religious dress and grooming practices. Governor Brown has signed into law the “Workplace Religious Freedom Act of 2012” (authored by Assemblymember Mariko Yamada (D-Davis)), which specifies that religious dress and grooming practices shall be considered a protected religious observance under the California … Continue Reading

Former Church Ministers May Not Proceed With Trafficking Victims Protection Act Claims

By Tony Oncidi on September 1, 2012 Posted in Employment Law Notes, Religion

Headley v. Church of Scientology Int’l, 687 F.3d 1173 (9th Cir. 2012) Marc and Claire Headley were ministers in the Sea Organization (“Sea Org”), which is an elite religious order of the Church of Scientology. The Sea Org demands much of its ministerial members, renders strict discipline, imposes stringent ethical and lifestyle constraints and goes … Continue Reading

Employee From Pakistan Could Proceed With Religion And National Origin Harassment Claims

By Tony Oncidi on May 1, 2012 Posted in Employment Law Notes, Religion

Rehmani v. Superior Court, 204 Cal. App. 4th 945 (2012) Mustafa Rehmani, a Muslim born in Pakistan, worked as a system test engineer for Ericsson Inc. before his employment was terminated in 2009. Among other things, Rehmani alleged that three of his coworkers (Amit Patel, Aneel Choppa and Ashit Ghevaria) and Ericsson harassed him based … Continue Reading

Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment

By Tony Oncidi on March 1, 2012 Posted in ADA, Disability, Employment Law Notes, Religion, Supreme Court, Wrongful Termination

Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. ___, 132 S. Ct. 680 (2012) Cheryl Perich was a “called” teacher for the church and also had the formal title of “Minister of Religion, Commissioned.” After Perich developed narcolepsy, the church replaced her with a lay teacher and eventually terminated her employment for “insubordination … Continue Reading

Ministerial Exception Barred School Employee’s Wrongful Termination Claims Against Church

By Tony Oncidi on January 1, 2012 Posted in Discrimination, Employment Law Notes, FEHA, Religion, Wrongful Termination

Henry v. Red Hill Evangelical Lutheran Church, 201 Cal. App. 4th 1041 (2011) Sara Henry taught preschool children at the Red Hill Evangelical Church of Tustin; she was also the director of the preschool. Henry, who is Catholic, was not required to be Lutheran (only a practicing Christian) and was aware of the “Christian-based, Bible-based … Continue Reading

Ministerial Exception Barred Seminarians’ Claims For Unpaid Overtime

By Tony Oncidi on January 1, 2011 Posted in Employment Law Notes, Overtime, Religion, Wage and Hour

Rosas v. Corporation of the Catholic Archbishop, 627 F.3d 1288 (2010) (en banc) Cesar Rosas and Jesus Alcazar were Catholic seminarians who sued the Corporation of the Catholic Archbishop for, among other things, failure to pay them overtime wages under Washington state law. Based on the ministerial exception, the district court dismissed the case on the … Continue Reading

Ministerial Exception Barred Seminarians’ Claims For Unpaid Overtime

By Tony Oncidi on May 1, 2010 Posted in Employment Law Notes, Minimum Wage, Overtime, Religion, Wage and Hour

Rosas v. The Corporation of the Catholic Archbishop of Seattle, 598 F.3d 668 (9th Cir. 2010) Cesar Rosas and Jesus Alcazar were Catholic seminarians who sued the Corporation of the Catholic Archbishop for, among other things, failure to pay them overtime wages under Washington state law. Based on the ministerial exception, the district court dismissed … Continue Reading

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