Close

Cart

Total $0.00

Checkout

Ithaca, NY, November 6, 2015 – Two recent holdings by the U.S. Supreme Court have been hailed as "victories" for employees seeking personal accommodations under civil rights law. However, a new analysis from the Cornell Institute for Hospitality Labor and Employment Relations (CIHLER) finds little real change—along with considerable confusion—regarding the Court's actual holding. The analysis, "The United States Supreme Court Rules in Favor of Employees in the Young and Abercrombie Cases: What Do They Really Hold?," is written by David Sherwyn and David B. Ritter. Sherwyn is the John and Melissa Ceriale Professor of Hospitality Human Resources, professor of law at Cornell University's School of Hotel Administration, and CIHLER director. Ritter is a partner in the Chicago office of Barnes & Thornburg. Published in association with the Center for Hospitality Research, Sherwyn and Ritter's analysis is available at no charge.

"What we see here is that although the Court did disturb a long-standing precedent in one case, there is no real expansion in the scope of accommodations required for pregnant employees or for employees' religious observances," Sherwyn noted. "That said, the Court was crystal clear that employers cannot discriminate in hiring based on the expectation that an employee might request a religious accommodation."

The decisions in question are Young v. United Parcel Service, Inc., and E.E.O.C. v. Abercrombie & Fitch Stores, Inc. In the Young case, the Court disturbed precedent by essentially requiring that the facts of each pregnancy accommodation situation must be tried under a challenging new standard. In the Abercrombie case, the Court did not change the precedent regarding the extent to which an employer should go to accommodate a religious belief, but affirmed the civil rights principle that an employer cannot discriminate in a hiring decision based on suppositions regarding a prospective employee's religious observances. However, Ritter and Sherwyn note an interesting question yet to be resolved in cases of religious accommodation, namely, whether the burden of proof rests on the employer or employee. This is an important point, since the party bearing the burden of proof may find it difficult to win its case.

 

About the Cornell Institute for Hospitality Labor and Employment Relations

The Cornell Institute for Hospitality Labor and Employment Relations was established in 2013 as a platform for students, employers, employees, unions, and their advocates involved in the hospitality industry. The institute's mission is to support educational programs, sponsor and disseminate research, and hold conferences and roundtables dedicated to modernizing labor and employment relations, analyzing labor and employment law, and improving human resource management and leadership in the hospitality industry. To achieve this goal, the institute supports classes focusing on labor and employment relations; disseminates empirical, theoretical, and doctrinal scholarship; and sponsors conferences and roundtables.
 

Contact: Erica Heim

erh72@cornell.edu / 607.255.6574

Related News

Text Analytics Reveal the Impact of Guest Sentiment on Hotel Review Scores

Radio Interview with Cornell's Professor Chekitan S. Dev on Hilton's New Tru Brand Targeting Millennials

2015 IDeaS Cornell Revenue Management Scholarship Winners Announced

Cornell Offers Spreadsheet to Generate Optimum Restaurant Seating

Center for Hospitality Research Reports on the New Science of Service Innovation

Duetto's Marco Benvenuti is 2015-16 Pillsbury Institute Entrepreneur in Residence at Cornell's SHA

The Deepwater Horizon Oil Spill Damaged the Environment, the Travel Industry & Corporate Reputations

Cornell Study Analyzes Effects of EB-5 Financing on Hotel Development

Cuba Offers Great Opportunities and Great Obstacles, Says New Report

Cornell Offers Sustainability Measurement Tool

Cornell Roundtable Focuses on Potential Model Union Contract

Cornell Study Finds Travelers Want More Mobile Options

Cornell Study Highlights Drivers of Risk Premium Paid for Hotel Loans

Cornell Study Supports Strategic Price Positioning in European Hotels

Say What You Mean - Do as You Say - Cornell Report Demonstrates the Power of Management Integrity

Cornell Study Finds that Loyal Sports Fans Focus on Complete Service Experience

Cornell Study Highlights Customers' Role in Service Quality

Cornell Study Introduces a "Canary" for Hotel Loan Delinquencies; Provides Metric for Early Warning

Cornell "Cyborg" Study Focuses on the Combination of Technology with Customer Service

Restaurant Customers Are Ready to Use Guest-Operated Payment Technology, Says Cornell Study

All News »

Please login or register to post a comment.