Trenton L. Lowe

Supreme Court Establishes Higher Standard Regarding Religious Accommodations

On June 29, 2023, the U.S. Supreme Court held in favor of an evangelical Christian postal worker and established a higher standard that employers must follow when responding to a religious accommodation request. In Groff v. Dejoy, the Court ruled unanimously that the prior standard – the “de minimis standard” – was insufficient under Title VII of...

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NLRB Decision Governing Confidentiality and Non-Disparagement Provisions Applies Retroactively and Extends to Other Agreements

In the wake of the National Labor Relations Board’s (NLRB) February 23, 2023 opinion in McLaren Macomb, 372 NLRB No. 58 (2023) regarding whether employers could include confidentiality and non-disparagement provisions in severance agreements, many questions remained as to the scope and application of the opinion. Clyde Snow previously issued...

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Appeals Court Allows Biden’s Vaccine Mandate to Move Forward

December 21, 2021 On Friday, December 17, 2021, the Sixth Circuit Court of Appeals reversed a lower court’s block on President Biden’s vaccine mandate, meaning the vaccine mandate will go into effect on January 4, 2022. The vaccine mandate requires that all private employers who employ 100 or more employees nationwide must require their employees...

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U.S. Supreme Court Extends Title VII Protections to Gay and Transgender Employees

On June 15, 2020, in a 6-3 decision, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 protects gay and transgender employees from being terminated based solely on their sexual orientation and/or gender identity. There has long been a circuit split on this issue with some circuits, including the Seventh Circuit, holding...

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2018 Utah Legislative Wrap-Up on Employment Issues

The 2018 Utah Legislature concluded on March 8, 2018. Although it was a record year for number of bills introduced, the Legislature passed 533 bills, two short of last year’s all-time record. Below, I summarize the employment-related bills that passed through the Legislature and will go into effect on May 7, 2018. For assistance navigating how...

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2018 Utah Legislative Guide on Employment Issues

The 2018 Utah Legislature begins on Monday, January 22, and a record number of bills have been filed this year – more than 1,100 – which will make for a busy session for lawmakers. Depending on how you look at it, there are seven bills that affect private employers, while an additional two bills that strictly affect public employees may, if...

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Supreme Court Declines to Settle Circuit Split on Sexual Orientation Discrimination Under Title VII

Earlier this month, the U.S. Supreme Court declined to take up an appeal from the Eleventh Circuit on whether sexual orientation is protected under Title VII of the Civil Rights Act of 1964. Currently, Title VII prohibits employers from discriminating against employees and applicants on the basis of race, color, religion, sex, and national...

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