Does the substantial burden test still apply in employment law cases?
MultiRegion, United States of America
The following excerpt is from Barnes v. Furman, 14-581 (2nd Cir. 2015):
3. We have not decided whether the substantial burden test remains viable in our Circuit following Employment Division v. Smith, 494 U.S. 872 (1990), but we need not decide the issue here because defendants have not contested that Barnes satisfies this element, see Holland, 758 F.3d at 221.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of making an employer's case in a disability case? (MultiRegion, United States of America)
What is the burden of establishing a prima facie case in an employment discrimination case? (MultiRegion, United States of America)
What is the burden of applying for disability benefits where the applicant must meet the requirements for substantial gainful employment that exists in the national economy? (MultiRegion, United States of America)
What is the burden of finding a new employer for a person who has been denied employment because of a mental impairment? (MultiRegion, United States of America)
Does an express limitation on an employer's right of discharge apply even if the employment contract is of indefinite duration? (MultiRegion, United States of America)
How has the substantial evidence test been applied in medical malpractice cases? (MultiRegion, United States of America)
What is the burden of proving a previous employer discriminated against applicants who reapply for employment? (MultiRegion, United States of America)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
What is the burden of proving that an employer's reason was a pretext for discrimination in an employment action? (MultiRegion, United States of America)
Does the burden of proving unreported income beyond a reasonable doubt apply in civil cases? (MultiRegion, United States of America)
