On Monday, October 3, the U.S. Supreme Court denied certiorari in many cases as it started the 2011-2012 term. The entire list can be found at http://www.supremecourt.gov/orders/courtorders/100311zor.pdf. Among those denied appeals were the following employment -related cases:
(1) Spencer v. World Vision, Inc., (No. 10-1316). The 9th Circuit had held that a faith-based humanitarian organization falls within the exemption in Title VII of the 1964 Civil Rights Act for religious organizations, thus, those organizations are exempt from the prohibition against religious discrimination in hiring. The case was brought by World Vision Inc. employees who were fired for their beliefs. The court rejected the employees' appeal which sought to overturn the Ninth Circuit's decision as the nonprofit was neither owned by nor affiliated with a formally religious entity.
(2) Ellis, John, et al. v. DHL Express Inc. (USA), et al. Two former DHL Express Inc. employees sought review of the dismissal of a Worker Adjustment and Retraining Notification (WARN) Act class action and clarification determining what constitutes a voluntary departure under the act based on a split in the 7th and 9th Circuits. As DHL Express Inc. was allowed to count employees who elected to take severance packages as voluntary departures when DHL closed five Chicago-area facilities, WARN Act was not triggered and DHL Express Inc. was excused from WARN Act notice obligations.
(1) Spencer v. World Vision, Inc., (No. 10-1316). The 9th Circuit had held that a faith-based humanitarian organization falls within the exemption in Title VII of the 1964 Civil Rights Act for religious organizations, thus, those organizations are exempt from the prohibition against religious discrimination in hiring. The case was brought by World Vision Inc. employees who were fired for their beliefs. The court rejected the employees' appeal which sought to overturn the Ninth Circuit's decision as the nonprofit was neither owned by nor affiliated with a formally religious entity.
(2) Ellis, John, et al. v. DHL Express Inc. (USA), et al. Two former DHL Express Inc. employees sought review of the dismissal of a Worker Adjustment and Retraining Notification (WARN) Act class action and clarification determining what constitutes a voluntary departure under the act based on a split in the 7th and 9th Circuits. As DHL Express Inc. was allowed to count employees who elected to take severance packages as voluntary departures when DHL closed five Chicago-area facilities, WARN Act was not triggered and DHL Express Inc. was excused from WARN Act notice obligations.
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