August 2023

Supreme Court Clarifies Heightened ‘Undue Burden’ Standard for Religious Accommodation Cases

By Mollie G. Mohan and James R. Layton,

Under Title VII, employers cannot discriminate against employees based on their religion.[i] Employers have an affirmative obligation to accommodate employees’ bona fide religious beliefs. Specifically, an employer must accommodate an employee’s religious practice and grant a workplace accommodation unless such an accommodation would impose an “undue burden” on the employer.[ii]

On June 29, 2023, the Supreme Court issued a rare unanimous decision in a Title VII religious accommodations case, Groff v. DeJoy, clarifying what constitutes an “undue burden” in religious accommodation cases.[iii]

Factual and Procedural Background

Gerald Groff, an Evangelical Christian, was employed as a Rural Carrier Associate for the United States Postal Service (USPS).[iv] During the peak holiday delivery season, Groff (and all other employees) were required to work occasionally on weekends – including Sundays.[v] Groff objected to Sunday work assignments on the basis of his religion, believing that “Sunday should be devoted to worship and rest.”[vi]

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THOUGHT PROVOKING

FAITH, ART AND DIVERSITY EVENT

WAS A SUCCESS

On Friday, July 21, members of the Association of Corporate Counsel St. Louis (ACC STL) had a unique learning experience at the Saint Louis Art Museum. They participated in the “Artful Observation of the Cultures of World Faiths,” a program that uses Artful Observation techniques to enhance bias and observational awareness and facilitate a conversation about the diversity of cultures of world faiths using art as conversation tools.

The facilitator, Dr. Cathleen Fleck, Ph.D., Saint Louis University, Chair of the Department of Fine and Performing Arts and Associate Professor of Art History, used Artful Observation techniques and the rich collection of artworks at the Saint Louis Art Museum to guide conversations about the Christian,

Buddhist, Islamic, and African Yoruba cultures.

Artful Observation is a project spearheaded by the Saint Louis University (SLU) Art History Program to establish curricular and research programs based on evidence-based methods about utilizing the visual arts to help students and professionals develop their awareness of issues related to attentiveness, empathy, diversity, equity, and inclusion, individual and collective awareness, and empathetic capabilities.

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10 Steps to Better Managing Mass Tort Litigation

By: Luke Mangan, Polsinelli

From the now decades old asbestos litigation to pharmaceuticals and product liability cases to the newly developing PFAS or “forever chemical” lawsuits, mass tort litigation has increasingly become the tool of choice by which plaintiffs’ lawyers attempt to extract massive sums of money from companies nationwide. Few companies will be untouched by these efforts and companies and their legal counsel can quickly become overburdened by the rising tide of mass tort litigation and the ever-increasing demands from plaintiffs’ attorneys. The following simple steps will help your company to better navigate the ever-widening and perilous waters of mass tort litigation. 

1.                 Retain National Coordinating Counsel; Depending on the scope of your mass tort litigation, you may need to consider hiring a law firm to act as your national coordinating counsel. Your national coordinating counsel will work with all of the local counsel hired in the various jurisdictions where litigation is pending and will monitor the individual case work-up. Good national coordinating counsel will not only serve to supervise local counsel, but will also ensure that your company’s response to the litigation throughout the country is consistent in its approach and results. 

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(Top: Jim Shreve, Partner, Thompson Coburn, LLP, and Denise Hill, Executive Director- Deputy Chief Privacy Officer, Mercy, served as speakers at the July 19th CLE presentation on The Value of Cyber and Privacy Diligence, hosted by Thompson Coburn at St. Louis CITYPARK Stadium-Together Credit Union Club. / Bottom: ACC St. Louis members enjoying the aforementioned presentation.)