The First Amendment to the United States Constitution includes both an establishment clause and a free exercise clause.  Of these, the free exercise clause is often invoked in the employment context to challenge employer policies that, while facially neutral and generally applicable, incidentally burden religion.

In Employment Division, Department of Human Resources of Oregon v.

US-Supreme-Court_2.jpgThis post was authored by Kristin D. Lindgren

As we have previously reported, most recently on January 28, 2016, the U.S. Supreme Court agreed to review Friedrichs v. California Teachers Association.  Friedrichs challenged the right of public employee organizations in California to require public employees to pay “agency shop” fees.  An “agency shop” arrangement