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The U.S. Supreme Court Clarifies and Updates the Standard for Religious Accommodations Case Overview
On June 29, 2023, in a unanimous decision, the United States Supreme Court redefined how employers must evaluate religious accommodation requests under federal law. In Groff v. LeJoy, Postmaster General, the Court heard a civil rights challenge under Title VII of the Civil Rights Act of 1964. Mr. Groff, an Evangelical Christian, and a former postal worker residing in rural southeast Pennsylvania, asserted that the United States Postal Service (USPS) impacted his ability to observe his Sunday Sabbath as a religious day of rest because they required him to work certain Sundays. The USPS denied Groff’s request for an accommodation to not work on Sundays and began to progressively discipline Groff for his continuing refusal to do so. In light of an expected termination from employment, Groff instead resigned and then brought suit against the USPS alleging violation of Title VII for failing to accommodate his religious beliefs.
THE SUPREME COURT ENDS AFFIRMATIVE ACTION IN HIGHER EDUCATION
On June 29, 2023, the Supreme Court of the United States (the “Court”) issued its decision in the twin cases of Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively, “Students for Fair Admissions, Inc.”). In a majority opinion authored by Chief Justice John Roberts, the Court found that Harvard College’s (“Harvard”) and the University of North Carolina’s (“UNC”) race-based admissions programs violated the Equal Protection Clause of the Fourteenth Amendment (the “EP Clause”) of the United States Constitution. This decision ends the Court’s established, though always uneasy, acceptance of affirmative action in higher education and stands to dramatically alter college admissions across the country.
Attorney Karis North Elected President of Massachusetts Municipal Lawyers Association
Congratulations to Murphy, Hesse, Toomey & Lehane, LLP lawyer, Karis North, who on June 8, 2023 was elected President of the Massachusetts Municipal Lawyers Association (“MMLA”). Formed in 1946, MMLA is the Massachusetts municipal law bar association and...
Murphy, Hesse, Toomey & Lehane, LLP Receives Favorable Decision for Town of Dracut
On April 11, 2023, MHTL Attorneys Peter Mello and Madison Harris-Parks represented the Town of Dracut, and successfully obtained a preliminary injunction order requiring, among other things, that the Defendant homeowners cease renting out their pool to the...
Murphy, Hesse, Toomey & Lehane, LLP Back To In-Person For Their 2023 Annual Labor & Employment Law Update
On April 6, 2023, Murphy, Hesse, Toomey & Lehane, LLP hosted their Annual Labor & Employment Law Update, in collaboration with the South Shore Chamber of Commerce, Neponset River Regional Chamber of Commerce, Quincy Chamber of Commerce, and the Metro...
Murphy, Hesse, Toomey & Lehane, LLP Presents Labor and Employment Law Update in Collaboration with the Greater Merrimack Valley Human Resource Association
On April 6, 2023, Murphy, Hesse, Toomey & Lehane, LLP presented their Labor & Employment Law Update, sponsored by the Greater Merrimack Valley Human Resources Association. Several of the firm’s attorneys presented virtually on various legal topics....
EXTENSION OF MUNICIPAL RELIEF MEASURES – INCLUDING OPEN MEETING LAW REMOTE OPTION – SIGNED BY THE GOVERNOR
The option for public bodies in the Commonwealth of Massachusetts to hold public meetings remotely or in a hybrid fashion, which came into play at the onset of the COVID-19 pandemic, has been extended by the General Court for another two years, until March 31, 2025. The Governor signed the legislation, which will be codified at Chapter 2 of the Acts of 2023, on March 29, 2023. Because of the inclusion of an emergency preamble, the law goes into effect immediately.
United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)
In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district’s requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).
CIVILITY IS DEAD – THE SUPREME JUDICIAL COURT RULES MUNICIPAL CONTROL OF PUBLIC SPEAK LIMITED TO REASONABLE TIME/PLACE/MANNER RESTRICTIONS
On March 7, 2023, the Supreme Judicial Court ruled in the highly anticipated Barron v. Kolenda and the Town of Southborough (SJC-13284) case. The case brought a constitutional challenge to the Town of Southborough’s (“Southborough”) public comment policy (the “policy”), which imposed a code of civility on members of the public who participated in so-called “public speak” before Southborough boards and committees. In its decision, the Court ruled that Southborough’s policy violated Articles 16 and 19 of the Massachusetts Declaration of Rights.
THE VITAL IMPORTANCE OF IMMIGRATION TO THE UNITED STATES AND THE H-1B PROCESS FOR EMPLOYERS TO HIRE WORKERS FROM ABROAD
Migrants and workers from abroad have been a vital part of the success and growth of the United States since its inception. Indeed, many of our ancestors came from abroad and contributed to shaping our nation’s history. We recognize the many benefits that migration has brought to our country, the talent, knowledge and expertise that workers abroad have brought to our economy, and that the United States would not be the world leader it is today without its diverse workforce.
United States Supreme Court Rejects Parent's Appeal to Video Tape Special Education Team Meetings
On June 10, 2024, the United States Supreme Court (USSC) denied Scott Pitta’s petition for writ of certiorari. This means that the lower First Circuit ruling, denying parents any claim of entitlement to video tape team meetings, or to treat team meetings as a “public forum”, stands as the law governing this area. Attorney Peter Mello of Murphy Hesse Toomey & Lehane successfully defended the Bridgewater/Raynham School District throughout the litigation in the federal courts.
United States Supreme Court Rejects Parent's Appeal to Video Tape Special Education Team Meetings
On June 10, 2024, the United States Supreme Court (USSC) denied Scott Pitta’s petition for writ of certiorari. This means that the lower First Circuit ruling, denying parents any claim of entitlement to video tape team meetings, or to treat team meetings as a “public forum”, stands as the law governing this area. Attorney Peter Mello of Murphy Hesse Toomey & Lehane successfully defended the Bridgewater/Raynham School District throughout the litigation in the federal courts.
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