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Monday, August 31, 2026

News & Commentary: August 10 - OnLabor

In today’s News and Commentary, an employee sues for a fossil-fuel-free 401(k) plan as a religious accommodation, DHS submits a proposed rule eliminating the 60-day grace period for H-1B workers, and the Eighth Circuit dismisses a constitutional challenge to the FMSHRC for failing to follow the Federal Rules of Appellate Procedure.

On Tuesday, a Christian scientist filed suit in the Western District of New York against his employer, Thermo Fisher Scientific Inc., alleging that he has been unlawfully forced to compromise his religious values in order to receive the full benefits of his employment. Plaintiff Dr. Andrew Hartley “sincerely holds the belief that investing his money in fossil fuels is morally wrong and in violation of his religious convictions” and is seeking to compel Thermo Fisher to provide a fossil-fuel-free investment option in its 401(k) plan menu as a reasonable religious accommodation. Dr. Hartley is basing his claim on Title VII of the Civil Rights Act of 1964 and New York State Human Rights Law. The complaint marks a departure in its reliance on antidiscrimination law rather than the Employee Retirement Income Security Act and is expected to test the bounds of the US Supreme Court’s decision in Groff v. DeJoy, which made it harder for companies to reject workers’ religious accommodation requests under Title VII.

On Thursday, the Department of Homeland Security submitted a proposed rule that would eliminate the 60-day window for H-1B workers to find...



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