News & Analysis as of

Religious Discrimination Disparate Treatment Religious Accommodation

Poyner Spruill LLP

Faith, Fired, and Fourth Circuit: Court Resurrects Religious Discrimination Case Against Inova

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In a significant decision affecting employment discrimination law, the United States Court of Appeals for the Fourth Circuit has unanimously reversed the dismissal of a Title VII religious discrimination lawsuit brought by a...more

Fisher Phillips

Appeals Court Rejects Retaliation Claim Based On Religious Accommodation Request

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In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation...more

Seyfarth Shaw LLP

Court Allows EEOC’s Discrimination Suit Over Religious Garb To Proceed To Jury

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In an order recently issued in EEOC v Jetstream Ground Services, Inc., Case No. 13-CV-02340 (D. Colo. Sept. 29, 2015), Judge Christine Arguello of the U.S. District Court for the District of Colorado ruled that the EEOC had...more

Proskauer - California Employment Law

Muslim Applicant Can Proceed With Religious Discrimination Lawsuit

Samantha Elauf, a practicing Muslim, wore a headscarf when she interviewed for a job with Abercrombie & Fitch. Although the headscarf was not discussed during the interview, the store allegedly decided not to offer Elauf a...more

Weintraub Tobin

The Final Resolution of EEOC v. Abercrombie & Fitch After the U.S. Supreme Court’s Decision

Weintraub Tobin on

The EEOC issued a press release on July 20, 2015 announcing that the federal appeals court has dismissed Abercrombie & Fitch’s (“AF”) appeal of the EEOC’s religious discrimination case because AF made the decision to settle...more

Fenwick & West LLP

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation

Fenwick & West LLP on

Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to avoid accommodating a suspected, but unconfirmed religious practice, according to a recent United States Supreme Court...more

Poyner Spruill LLP

Supreme Court Agrees With EEOC In Regard To Religious Accommodation

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On June 1, 2015, the United States Supreme Court issued its opinion in EEOC v. Abercrombie & Fitch Stores in which it held that a job applicant can experience religious discrimination under Title VII of the Civil Rights Act...more

McGuireWoods LLP

Supreme Court Holds Employers Must Make Religious Accommodations Even Without Actual Knowledge of Need for Accommodation

McGuireWoods LLP on

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from, among other things, refusing to hire an applicant because of his or her religion or religious practice. As a general rule, employers must...more

Stoel Rives LLP

U.S. Supreme Court’s Decision in EEOC v. Abercrombie & Fitch: It’s All About the Motive

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In a case Justice Antonin Scalia described as “really easy,” the Supreme Court held that an employer can be liable for failing to accommodate a religious practice even if the employer lacks actual knowledge of a need for an...more

McNees Wallace & Nurick LLC

Supreme Court: Motive Matters in Hiring Decisions

Last week, in EEOC. v. Abercrombie & Fitch Stores, Inc., the Supreme Court addressed religious accommodations under Title VII of the Civil Rights Act of 1964. The background of the case dates to 2008. A young woman...more

BakerHostetler

EEOC v. Abercrombie & Fitch: When Religion and Fashion Collide

BakerHostetler on

On June 1, 2015, the U.S. Supreme Court, in an 8-1 decision, ruled in favor of a 17-year-old practicing Muslim, Samantha Elauf, who applied for a job at retailer Abercrombie & Fitch, but was denied employment because the...more

FordHarrison

Supreme Court Finds Employer's Lack of "Actual Knowledge" of Need for Accommodation No Defense to Religious Discrimination Claim

FordHarrison on

The U.S. Supreme Court recently held that an employer cannot escape liability for religious discrimination under Title VII by arguing that it did not have actual knowledge of an individual's need for a religious...more

Baker Donelson

Religious Protection or Religious Preference? – Supreme Court Rules in Abercrombie Headscarf Case

Baker Donelson on

On Monday, June 1, the Supreme Court decided a religious discrimination case involving Abercrombie & Fitch and the EEOC. The Court held that "[a]n employee may not make an applicant's religious practice, confirmed or...more

Hinshaw & Culbertson LLP

BEWARE OF DOG(MA): Did The Supreme Court Just Require Employers to Accommodate Whenever A Request *Might* Be Due to Religion?

The U.S. Supreme Court has issued its long awaited decision in the "Looks Policy" case, and it's not terribly unexpected, but is a little scary considering the potential far reaching effects going forward. ...more

Littler

What Matters is Motive: Religious Accommodation Need as a "Motivating Factor" in Employment Decisions

Littler on

The U.S. Supreme Court’s decision in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. resulted in an expected outcome but provided an unexpectedly small amount of practical guidance for employers. ...more

Dorsey & Whitney LLP

Supreme Court Sides with Applicant in Abercrombie Headscarf Dispute

Dorsey & Whitney LLP on

Yesterday, in EEOC v. Abercrombie & Fitch Stores, Inc., 575 U.S. ___ (2015), the Supreme Court of the United States held that an applicant does not need to inform an employer of her need for a religious accommodation in order...more

Ballard Spahr LLP

Supreme Court Clarifies Burden of Proof for Religious Accommodation and Disparate-Treatment Claims

Ballard Spahr LLP on

The U.S. Supreme Court sided with the EEOC today and clarified the standard for religious accommodation and disparate-treatment claims under Title VII. The Court ruled that an applicant can advance a disparate-treatment claim...more

Polsinelli

SCOTUS: Abercrombie's Failure to Hire Based on Assumed Religious Conflict Violates Title VII

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Monday, in EEOC v. Abercrombie & Fitch Stores, Inc. the Supreme Court held that making employment decisions based on assumptions related to religion (or any other protected class for that matter) can trigger liability under...more

Akerman LLP - HR Defense

Supreme Court Rules Against Employer on Religious Accommodation Standard for Job Applicant

The U.S. Supreme Court has held that to prevail in a Title VII disparate-treatment (i.e., intentional discrimination) claim, a job applicant need only show that his need for a religious accommodation was a motivating factor...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.

On June 1, 2015, the United States Supreme Court decided Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., No. 14-86, holding that to prevail in a disparate-treatment claim based on religion under...more

Weintraub Tobin

Supreme Court Issues its Decision in EEOC v. Abercrombie & Fitch Stores Answering the Question: When Does an Employer Have to ...

Weintraub Tobin on

Abercrombie & Fitch (AF) refused to hire Samantha Elauf, a practicing Muslim, on the basis that the headscarf she wore during her interview conflicted with AF’s “Look Policy” which prohibits employees from wearing “caps” (a...more

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