Employers Pay for Failure to Accommodate Religion of Employees

Written by Don Byrd
The EEOC announced settlement recently in two religious freedom lawsuits against employers who failed to reasonably accommodate employees. In Nags Head, North Carolina, a hotel will pay $45,000 and institute new training and policies regarding religious discrimination. The employee in the case was required to work on the Sabbath despite her requests not to be scheduled at that time.

1st Circuit: Subjecting Church to Historic Zoning Process is Not RLUIPA Violation

Written by Don Byrd
The 1st Circuit Court of Appeals yesterday ruled the religious liberty rights of the Roman Catholic Bishop of Springfield, Massachusetts (RCB) are not violated by the requirement that the Springfield Historical Commission (SHC) be consulted prior to any change in the structure of the building of a church recently closed by the Diocese. The Church argued that the requirement “gives the SHC veto power over its religious decisionmaking, and in doing so violates its First Amendment rights to free speech and free exercise of religion.” The Court, however, found the burden on the Church was not yet substantial enough as required by the Religious Land Use and Institutionalized Persons Act (RLUIPA) to trigger an exemption or accommodation from historical zoning regulations.

Church of Love and Music Seeks Jury Vindication

Written by Don Byrd
The Universal Church of Love and Music takes its case to a jury this week. Its 147-acre property was the site of numerous outdoor concerts and funk festivals, to the dismay of Fayette County officials who argue the use violates zoning regulations and was a haven for drug use. The church, they contend, does not reflect sincerely held religious beliefs, but rather was a fraudulent attempt to circumvent the zoning statutes. (You may remember the controversy over the religion of the Church of Love and Music featured in a segment on the Daily Show.)

6th Circuit: Hamilton Co. (TN) Prayer Policy OK, but its Application Can be Challenged

Written by Don Byrd
Because the U.S. Supreme Court has decided to hear a case in the next term about government meetings that open with prayer, courts across the country may have helpful guidance in how to approach theses cases. In the meantime, they still adjudicate these difficult cases. On Friday, the 6th Circuit ruled constitutional (PDF) the prayer policy for Tennessee’s Hamilton County meetings, but allowed a lawsuit to continue that challenges the way in which that policy has been applied during the past year.