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Seeking COVID-19-Related Accommodations for At-Risk Household Members

Since the pandemic disrupted U.S. life in March 2020, the number of Americans who have worked remotely, at least in part, has more than doubled.[1] After over a year of proof that telework is possible, workers have gained fodder for legal arguments that remote work is a reasonable accommodation for their disabilities without undue burdens […]

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The Reach of Our Lady of Guadalupe: Are You Covered by the Ministerial Exception?

One year ago this week the Supreme Court decided Our Lady of Guadalupe School v. Morrissey-Berru,[1] a case in which the Court determined that two Catholic elementary school teachers were “ministers” and therefore not covered by federal anti-discrimination statutes.[2] The Court based its decision on the “ministerial exception.” A First Amendment doctrine, the ministerial exception […]

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Supreme Court Focuses on Job Duties, Contracts in Applying “Ministerial Exception” to Teachers at Religious Schools

Posted July 13th, 2020 by in Employment Discrimination.

The Supreme Court recently decided two cases, Our Lady of Guadalupe v. Morrissey-Berru and St. James School v. Biel, both on appeal from the Ninth Circuit, that clarified the scope of the so-called “ministerial exception” to anti-discrimination laws. According to the Court, under that exception, “courts are bound to stay out of employment disputes involving […]

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Can I Be Fired for Participating in Peaceful Protests?

Posted June 11th, 2020 by in Employment Law.

At Sanford Heisler Sharp, we are committed to the bedrock principle of equal justice under law.  We support and stand behind peaceful protests to bring about long-needed societal reform, take on systemic racism, and make our world a better place for everyone. In the familiar words of Dr. King, “Injustice anywhere is a threat to […]

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Class Action Seeks to Secure Fair Bond Hearings for Immigrants Amid COVID-19 Pandemic

Earlier this month, U.S. Immigration and Customs Enforcement (“ICE”) reported that Carlos Escobar-Mejia, a 57-year-old Salvadoran man, died in custody at the Otay Mesa Detention Center in California. Mr. Escobar-Mejia was the first reported individual in ICE detention to die from COVID-19. Though Mr. Escobar-Mejia had lived in the U.S. for over 40 years, an […]

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