D.J. O’Brien Provides Insight Into Significant EEOC Litigation for Bloomberg Law

Brooks Pierce partner D.J. O’Brien was quoted extensively in a recent article published on Bloomberg Law. The article highlights that the EEOC will be able to bring significant litigation for the first time in this administration and could focus on religious discrimination through systemic cases that would make an industry-wide impact.

“The current administration is going to apply Groff to the widest extent possible, which means that the employer will have a much higher burden in showing that accommodating a religious expression request affects their business operation,” he said, referring to the U.S. Supreme Court ruling in Groff v. DeJoy which heightened the burden on an employer to show that an accommodation would constitute an undue hardship—clarifying that the employer must show a “substantial” detriment to its overall business. 

O’Brien further highlighted two memos issued by the Office of Personnel Management (OPM) in July that may serve as a “beta test” for EEOC guidance for private employers. “Similar guidance for private employers could lead to difficulties balancing the rights of workers, such as if a supervisor expresses religious affiliation, but it happens in a way that makes employees feel coerced or uncomfortable,” O’Brien said. More information about these enforcement actions can be found in this recent client alert.

O’Brien represents employers and individuals in business litigation, employment law, and government enforcement actions. He has deep experience in all levels of federal and state appellate and trial courts in North Carolina, including the N.C. Business Court. He concentrates a significant part of his practice in high-stakes actions under the False Claims Act.

To access the full article on Bloomberg Law, click here.