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In its current form (as of 2013), 42 U.S.C. 2000e(j) forbids discrimination on the basis of religion, including "all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business."
Often, employers will use BFOQ as a defense to a Disparate Treatment theory employment discrimination. BFOQ cannot be a cost justification in wage gaps between different groups of employees. [96] Cost can be considered when an employer must balance privacy and safety concerns with the number of positions that an employer are trying to fill. [96]
Accommodation has its original meaning of a legal obligation entered into as a gratuitous favor without consideration, such as a signature guaranteeing payment of a debt. This is sometimes called an accommodation endorsement. [1] Its meaning has expanded to encompass a broader range of supportive actions, especially in terms of contracts and ...
U.S. employers' obligation to accommodate workers' pregnancies also extends to abortions and the use of contraception, the U.S. agency that enforces workplace discrimination laws said on Monday ...
For example, employers are required to provide a reasonable accommodation to qualified individuals with disabilities, but when an accommodation becomes too taxing on the organization it is classified as an undue hardship and is no longer required. These hardships include the nature and cost of the accommodation in relation to the size ...
With states reopening – or planning to reopen – in the coming weeks and months, you may be worried about what returning to work will mean for you and your family, particularly if it means ...
A coalition of Republican attorneys general from 17 states filed a lawsuit Thursday against the Equal Employment Opportunity Commission over a new rule that requires employers to provide abortion ...
Prior, Trans World Airlines, Inc. v. Hardison (1977) had established that an employer could deny an employee religious exemptions from work if they could show "undue hardship" in making the accommodation, a vague phrase at the center of Groff. The case was decided unanimously for Groff by the Court.
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