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Some years back, I wrote an article about whether Title VII's reasonable accommodation provision is valid Section 5 enforcement legislation abrogating state sovereign immunity (http://ssrn.com/abstract=476621). Here's the conclusion: "When Title VII's reasonable-accommodation provision was enacted

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I agree that there might be Eleventh Amendment problems here, as there may well be with regard to the Title VII religious accommodation requirement, see Holmes v. Marion County Office of Family and Children, 349 F.3d 914 (7th Cir. 2003); but a statute could avoid them by allowing

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What about Seminole Tribe? Mark Mark S. Scarberry Professor of Law Pepperdine Univ. School of Law From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene Sent: Monday, February 22, 2016 11:39 AM To: Law & Religion issues for Law Academi

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True, but not in Oregon, New York and California where the standard for employer “undue hardship” is “significant cost and difficulty.” Gregory W. Hamilton, President Northwest Religious Liberty Association 5709 N. 20th Street Ridgefield, WA 98642 Office: (360) 857-7040 Website: www.nrla.com

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I don’t think Title VII does the work here — the undue hardship standard is so de minimis as to be illusory in most cases where it would matter. > On Feb 22, 2016, at 1:51 PM, Greg Hamilton wrote: > > From my vantage point in introducing, shepherding and helping to pass Idaho’s > Free Exercis

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Well, the court has said that accommodating religion is not an establishment . . . . > On Feb 22, 2016, at 1:50 PM, Ed Darrell wrote: > > How does Congress get around the first requirement of laws on religion, that > "Congress shall make no law?" > > Interesting question, but like the compu

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If the question is just of Congressional power, I would think that the Commerce Clause would be more than ample – just as Title VII can apply to commerce in labor (whether by government employers or private ones), so can this hypothetical statute. (I think the proposed statute wo

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Try the spending power. But why would Congress want to do this, rather than leave it to each state? And if Congress did, why not include a provision that would specify that the law does not apply to exemptions that would cause significant harm to third parties? On Monday, February 22, 2016, Steve

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As Cutter v. Wilkinson unanimously held, laws that create religious accommodations are not necessarily seen as “respecting an establishment of religion” (though some particular accommodations might indeed be unconstitutional establishments). You can agree with that conclusion or

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From my vantage point in introducing, shepherding and helping to pass Idaho’s Free Exercise of Religion Act of 2000, and in failing with both Alaska and Oregon state Religious Freedom Restoration Act efforts over an 18-year period since 1998 is mostly a political one, albeit a constitutional one

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How does Congress get around the first requirement of laws on religion, that "Congress shall make no law?" Interesting question, but like the computer said in War Games, perhaps "the only way to win is not to play." Ed DarrellDallas From: Steven Jamar To: Law Religion & Law List

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How might Congress draft a federal law that requires states to accommodate religious beliefs so that state employees are free to refuse to perform tasks that are contrary to their religious beliefs? We have the Boerne problems of making a record and RFRA being held to be too much of a bludgeon.