Workplace Religious Accommodation Post-Groff: Heightened Undue Hardship Standard for Employers
Reviewing Accommodation Requests; Demonstrating Substantial Increased Costs; Defending Discrimination Claims
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will address the recent U.S. Supreme Court's Groff v. DeJoy decision which heightens the standard for employers to demonstrate that an employee's religious accommodation request poses an undue hardship on the company, thereby making it more difficult for companies and their counsel to use this defense. The panel will discuss the new "substantial increased costs" standard and its impact on employers and describe best practices for mitigating the risk of a discrimination claim and preparing to defend such claims.
- Overview of religious accommodation pre-Groff
- Title VII
- TWA v. Hardison (de minimis cost standard)
- EEOC guidance
- Groff v. DeJoy
- Clarifying Hardison
- New "substantial increased costs" standard
- EEOC effect
- Employer best practices to mitigate risk
- Policy and procedure review
- Management training
- Other considerations
- Preparing for and defending a discrimination claim
- How to demonstrate "substantial increased costs"
- What to expect from the EEOC and courts moving forward
The panel will review these and other important issues:
- How does the new "substantial increased costs" standard differ from the "de minimis cost" standard?
- What considerations should be made by counsel and their clients when deciding whether to grant an employee's religious accommodation request?
- What are best practices for addressing and documenting employee requests, evaluating "undue hardship," and defending against discrimination and retaliation claims?
- What can counsel and their clients expect from the EEOC and courts moving forward?
Jennifer Stefanick Barna
Epstein Becker & Green
Ms. Barna’s practice focuses on civil litigation and corporate counseling in the areas of employment law and... | Read More
Ms. Barna’s practice focuses on civil litigation and corporate counseling in the areas of employment law and complex commercial matters. She represents businesses in a broad spectrum of industries, including commercial real estate, financial services, health care, and retail. Ms. Barna’s experience includes representing employers in state and federal courts and before administrative agencies and arbitration tribunals on a wide range of issues involving harassment, discrimination, retaliation, breach of employment contracts, wage and hour compliance, tort claims, and restrictive covenants; counseling employers on workplace and employment law issues, such as discipline and termination, workplace accommodations, FMLA and similar state law leave issues, wage and hour compliance, and internal investigations; conducting workplace training seminars for employers, including managers and non-supervisory personnel; and drafting employment policies and procedures as well as employee handbooks and manuals.Close
Mr. Harty regularly represents companies, nonprofit organizations, and institutions of higher learning in day-to-day... | Read More
Mr. Harty regularly represents companies, nonprofit organizations, and institutions of higher learning in day-to-day and complex labor and employment issues. He has tried almost 100 cases to verdict. Mr. Harty is frequent author and lecturer on employment law issues, among others.Close
Jay A. Zweig
Mr. Zweig has 25 years of experience practicing employment law and commercial litigation. He assists employers with... | Read More
Mr. Zweig has 25 years of experience practicing employment law and commercial litigation. He assists employers with human resources policies, confidentiality and noncompete agreements, wage-and-hour, FMLA, COVID-19 employment issues and leave law issues, whistleblower cases, sexual harassment and employment discrimination administrative charges and litigation, internal investigations, ADA matters, and OSHA citations. He has been lead counsel in federal and state court trials for clients ranging from startups to Fortune 100 companies. Mr. Zweig is a frequent speaker for local and national organizations on equality in the workplace, sexual harassment and workplace violence prevention, and on enforcing noncompete and non-solicitation agreements.Close