Cardozo Law Review de•novo

Volume

2016

First Page

1

Last Page

39

Publication Date

2016

Document Type

Note

Abstract

This Note argues that an employer who wishes to discriminate in hiring based on race—despite contrary federal law—can easily state a claim under the federal or a state RFRA. The plaintiff’s prima facie case will be satisfied if its beliefs are sincere, religiously motivated, and substantially burdened by antidiscrimination laws. This Note also argues that even if the government has a compelling interest in preventing discrimination against employees, in light of the Court’s ruling in Hobby Lobby, the RFRA claimants will still be granted an exemption.

Keywords

Discrimination, Social Group Issues, Religion and the Law, Business and the Law

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