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SCOTUS Introduces Heightened Standard for Religious Accommodation, Rules Against Affirmative Action, Protects “Expressive” Services [Video]
Thursday, July 13, 2023

Employment Law This Week® - Episode 308

This week, we’re recapping recent contentious rulings by the Supreme Court of the United States (“SCOTUS” or the “Court”) that are expected to take a toll on employers across the nation.

This week, we’re recapping recent contentious rulings by the Supreme Court of the United States (“SCOTUS” or the “Court”) that are expected to take a toll on employers across the nation. SCOTUS Introduces Heightened Standard for Religious Accommodations The end of the Court’s term saw a flurry of opinions with implications for employers. The most immediate impact comes from Groff v. DeJoy, in which the Court heightened the standard for denying religious accommodations to employees. More info: https://www.workforcebulletin.com/202... SCOTUS Rules Against Affirmative Action In the Students for Fair Admissions cases, the Court found that the consideration of race in college admissions violates the Fourteenth Amendment. In addition to significantly restricting the use of race in higher education admission decisions, some speculate that the decision could lead to increased legal scrutiny of employers’ diversity, equity, and inclusion—or DEI—initiatives. This could also have a more direct impact on affirmative action for government contractors. Read more: https://www.workforcebulletin.com/202... SCOTUS Protects “Expressive” Services

Video: YouTubeVimeo.

Podcast: Amazon Music / Audible, Apple Podcasts, Audacy, Deezer, Google Podcasts, iHeartRadio, Overcast, Pandora, Player FM, Spotify.

SCOTUS Introduces Heightened Standard for Religious Accommodations

The end of the Court’s term saw a flurry of opinions with implications for employers. The most immediate impact comes from Groff v. DeJoy, in which the Court heightened the standard for denying religious accommodations to employees.

SCOTUS Rules Against Affirmative Action

In the Students for Fair Admissions cases, the Court found that the consideration of race in college admissions violates the Fourteenth Amendment. In addition to significantly restricting the use of race in higher education admission decisions, some speculate that the decision could lead to increased legal scrutiny of employers’ diversity, equity, and inclusion—or DEI—initiatives. This could also have a more direct impact on affirmative action for government contractors.

SCOTUS Protects “Expressive” Services

On the very last day of the term, the Court ruled that a Colorado web designer was not obligated to offer wedding website services for same-sex marriages, despite a state law barring such a refusal to provide services. The decision could have implications for company policies that arguably reach employee speech or conduct, which could be particularly significant in the health care space.

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