Religious Rights in the Workplace: Navigating the Minefield of Antidiscrimination Law and Religious Protection
Growing Tension Between Title VII and RFRA, First Amendment Considerations
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss the growing tension between Title VII's protection of an individual's right to be free from sex discrimination and the Religious Freedom Restoration Act's (RFRA) preservation of an individual's right to freely practice their religious beliefs. The panel will compare recent case law creating a circuit split on this subject and discuss the conflicting workplace obligations facing employers when one set of rights infringes on the other. The panel will provide key considerations and best practices for navigating this potential employment minefield.
Outline
- Title VII vs. RFRA
- Overview of Title VII and RFRA
- Circuit split and what it means for employers
- Braidwood Management v. EEOC
- EEOC v. R. G. Harris Funeral Homes Inc.
- First Amendment considerations
- 303 Creative L.L.C. v. Elenis
- Possible employment impact
- Key issues and considerations for employers
- Employer religious beliefs and company policies that conflict with antidiscrimination laws
- Employee religious objections and the undue hardship defense post-Groff v. DeJoy
- State law considerations
- Best practices for compliance and risk mitigation
Benefits
The panel will review these and other important considerations:
- How should counsel advise clients when an employee's or employer's religious beliefs conflict with the employer's obligations under Title VII and other antidiscrimination laws?
- What are First Amendment considerations that counsel and their clients should take into account when enforcing anti-discrimination policies in the workplace?
- What state law considerations should be kept in mind?
- How does the growing tension between religious freedom and the right to be free from discrimination affect the creation and enforcement of workplace policies?
Faculty

Stephen E. Fox
Partner
Sheppard Mullin
Mr. Fox leads Sheppard Mullin’s Texas employment law practice. Consistently recognized by peers and clients as a... | Read More
Mr. Fox leads Sheppard Mullin’s Texas employment law practice. Consistently recognized by peers and clients as a “go-to” courtroom advocate, he has been inducted as a Fellow into the prestigious College of Labor and Employment Lawyers and routinely selected by his peers as one of the Top 100 attorneys in Texas. In 2020, Mr. Fox was selected by Best Lawyers as a Lawyer of the Year in the field of labor/employment litigation, and is one of less than 50 “Hall of Fame” Lawyers selected by D Magazine. He graduated from the University of Virginia’s School of Law and obtained his undergraduate degree from the University of Notre Dame. Mr. Fox's litigation and counseling practice is centered around labor/employment and complex business disputes. His business litigation experience includes trying cases involving trade secret theft, restrictive covenant enforcement, breaches of contract and fiduciary duties, business torts (fraud, unfair competition, defamation), and corporate espionage. In the area of labor/employment law, Mr. Fox has significant experience in defending wage and hour class actions, including claims for off-the-clock work, overtime pay, and meal and rest period violations. He has also tried cases involving claims of discrimination on the basis of race, sex, age, religion, disability, national origin, marital status, sexual orientation, and other classifications, leaves of absence (ADA, FMLA), corporate downsizing, and non-competition violations.
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Greg Grisham
Of Counsel
Fisher & Phillips
For 30 years, Mr. Grisham has successfully counseled and represented employers in all areas of labor and employment... | Read More
For 30 years, Mr. Grisham has successfully counseled and represented employers in all areas of labor and employment law. His practice includes all areas of labor and employment law, including helping employers avoid claims, charges, and lawsuits with a focus on preventative practices and the representation of business entities subject to Title III of the ADA in public accommodation cases. Mr. Grisham has successfully litigated hundreds of administrative charges, employment lawsuits, and arbitration demands on behalf of employers, including federal and state law claims. He also represents employers before the NLRB in unfair labor practice proceedings. Additionally, Mr. Grisham represents employers in the enforcement of post-employment restrictive covenants such as non-compete, non-solicitation and non-disclosure agreements and related trade secret litigation.
CloseEarly Discount (through 10/06/23)
Cannot Attend November 1?
Early Discount (through 10/06/23)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.