36 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,084 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  2. Oncale v. Sundowner Offshore Servs., Inc.

    523 U.S. 75 (1998)   Cited 5,170 times   50 Legal Analyses
    Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"
  3. Price Waterhouse v. Hopkins

    490 U.S. 228 (1989)   Cited 4,616 times   161 Legal Analyses
    Holding that an employer discriminated on the basis of sex when he "act[ed] on the basis of a belief that a woman cannot be aggressive, or that she must not be"
  4. Holt v. Hobbs

    574 U.S. 352 (2015)   Cited 1,122 times   6 Legal Analyses
    Holding beard searches address prison's safety concerns in context of religious discrimination claim under the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA")
  5. Employment Div. v. Smith

    494 U.S. 872 (1990)   Cited 2,263 times   36 Legal Analyses
    Holding that the limitation articulated in Sherbert v. Verner, 374 U.S. 398-i.e., that governmental actions that substantially burden a religious practice must be justified by a compelling governmental interest-does not apply to neutral, generally applicable laws
  6. Burwell v. Hobby Lobby Stores, Inc.

    573 U.S. 682 (2014)   Cited 741 times   50 Legal Analyses
    Holding that the choice between providing insurance coverage in accordance with the plaintiffs’ religious beliefs or paying a large fine was a substantial burden
  7. Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah

    508 U.S. 520 (1993)   Cited 1,552 times   14 Legal Analyses
    Holding that statements by city council, including asking: "[w]hat can we do to prevent the Church from opening?" to show animus
  8. Thomas v. Review Bd. of the Ind. Emp't Sec. Div.

    450 U.S. 707 (1981)   Cited 1,652 times   5 Legal Analyses
    Holding that "it is not within the judicial function and judicial competence to inquire whether the petitioner or [another member of his faith] more correctly perceived the commands of their common faith," because "[c]ourts are not arbiters of scriptural interpretation"
  9. Gen. Tel. Co. v. EEOC

    446 U.S. 318 (1980)   Cited 1,388 times   7 Legal Analyses
    Holding that "the EEOC's enforcement suits should not be considered representative actions subject to Rule 23"
  10. Lyng v. Northwest Indian Cemetery Protective Ass'n

    485 U.S. 439 (1988)   Cited 793 times   3 Legal Analyses
    Holding that an adherent was not entitled to challenge a third party's actions that offended his beliefs
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,026 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,443 times   171 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
  13. Section 2000cc-1 - Protection of religious exercise of institutionalized persons

    42 U.S.C. § 2000cc-1   Cited 3,473 times   4 Legal Analyses
    Requiring the inmate to prove that a policy imposes a "substantial burden" on his religious exercise and the government to prove that the policy furthers a "compelling governmental interest"
  14. Section 2000bb - Congressional findings and declaration of purposes

    42 U.S.C. § 2000bb   Cited 1,547 times   18 Legal Analyses
    Finding that in Smith, "the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion"
  15. Section 2000bb-1 - Free exercise of religion protected

    42 U.S.C. § 2000bb-1   Cited 1,126 times   27 Legal Analyses
    Providing for "appropriate relief" in judicial suit
  16. Section 2000e-1 - Exemption

    42 U.S.C. § 2000e-1   Cited 658 times   20 Legal Analyses
    Exempting religious employers from Title VII's prohibition against religious discrimination in hiring
  17. Section 1604.9 - Fringe benefits

    29 C.F.R. § 1604.9   Cited 33 times

    (a) "Fringe benefits," as used herein, includes medical, hospital, accident, life insurance and retirement benefits; profit-sharing and bonus plans; leave; and other terms, conditions, and privileges of employment. (b) It shall be an unlawful employment practice for an employer to discriminate between men and women with regard to fringe benefits. (c) Where an employer conditions benefits available to employees and their spouses and families on whether the employee is the "head of the household" or