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

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

Wait, I Thought We Couldn’t Ask About Religion in Hiring? The Impact of the Supreme Court’s Ruling in EEOC v. Abercrombie & Fitch

It’s the decision the employment bar has been waiting for: on June 1, 2015, in a 8-1 ruling, the U.S. Supreme Court sided with the EEOC in the religious discrimination case of EEOC v. Abercrombie & Fitch Stores, Inc., which...more

Religious Discrimination Suit Over Muslim Job Applicant’s Hijab; U.S. Supreme Court Rules Against Abercrombie & Fitch

In a ruling handed down yesterday, the U.S. Supreme Court sided with the Equal Employment Opportunity Commission (EEOC) in a religious discrimination case against the popular clothing retailer, Abercrombie & Fitch Stores,...more

Supreme Court To Decide Whether To Hear Four High-Stakes Cases Asking When A Suit May Be Litigated As A Class Action

The Supreme Court will decide before the end of this Term whether to hear any or all of four important cases that raise recurring questions of class action law that have sharply divided the lower courts. These cases address...more

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

What Does A Sexy, Trendy Retail Chain Have In Common With Religious Land Use? Read About The Supreme Court’s Decision In The...

In Equal Employment Opportunity Commission v. Abercombie & Fitch Stores, Inc. (2015), seven justices of the U.S. Supreme Court found that Abercrombie & Fitch (A&F) violated Title VII of the Civil Rights Act of 1964 by...more

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

EEOC, Court Flip Flops Reveal Challenges to Employers Facing Accommodation Requests

If even the U.S. Equal Employment Opportunity Commission (EEOC) and the courts cannot agree how far the Americans with Disabilities Act’s (ADA) accommodation obligation extends, how is an employer supposed to do so? As we...more

Corte Suprema Falla En Favor De La EEOC En Caso De Discriminación Religiosa Contra Abercrombie

Los Empleadores no Pueden Negarse a Contratar a Solicitantes Basado en sus Creencia o Prácticas Religiosas, Aunque no Pidan Específicamente un Ajuste a las Políticas de la Compañía - WASHINGTON- La Corte Suprema de...more

Supreme Court Clarifies Protections for Religion in Hiring

On June 1, 2015, the United States Supreme Court issued a much anticipated ruling on the Title VII religious bias claim brought by a Muslim female applicant who wore a religiously mandated headscarf to her interview and was...more

It Takes Two (Racial Slurs to Support a Claim of Harassment, That Is)

Before we begin the analysis of the recent Fourth Circuit opinion in Boyer-Liberto v. Fontainebleau, let’s take a moment to clear something up: When asking how many times an employee may permissibly hurl a racial slur at...more

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

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

U.S. Supreme Court Holds Failure to Accommodate Religion May Be Evidence of Intentional Discrimination

Yesterday, the U.S. Supreme Court held in favor of the EEOC in EEOC v. Abercrombie & Fitch Store Stores, Inc. The EEOC claimed that Abercrombie violated Title VII of the Civil Rights Act of 1964 (Title VII) by refusing to...more

U.S. Supreme Court rules against Abercrombie

Yesterday, the Supreme Court issued its opinion in favor of Samantha Elauf, a Muslim woman who was 17 years old when she was turned down for a job at Abercrombie & Fitch because she wore a hijab. Ms. Elauf was not hired...more

Inability to Work Under One Boss Is Not a Qualified Disability

In Higgins-Williams v. Sutter Medical Foundation, the Third Appellate District relied upon the repeatedly challenged holding of the First Appellate District in Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614 (“Hobson”) that...more

High Court: Applicant Need Not Specifically Request Religious Accommodation To Maintain Title VII Claim

On June 1, 2015, the U.S. Supreme Court ruled that an applicant rejected for a retail store position by Abercrombie & Fitch because she wore a headscarf could maintain a Title VII claim against the retailer, even though she...more

U.S. Supreme Court Sides with EEOC in Abercrombie & Fitch Religious Accommodation Case

In an 8-1 decision issued yesterday, the United States Supreme Court found that Abercrombie & Fitch violated Title VII of the Civil Rights Act by refusing to hire Samantha Elauf, a Muslim woman who wore a headscarf to her job...more

Is Supervisor-Induced Stress a Protected Disability? California Appellate Court Says No

Employers often encounter challenging questions regarding their duty to accommodate employees who are diagnosed with stress, anxiety, or other mental health conditions that allegedly impact job performance absent...more

Supreme Court Rules Against Abercrombie In Case Of Religious Accommodation

In an 8–1 opinion authored by Justice Antonin Scalia, the U.S. Supreme Court held today that Abercrombie & Fitch Stores, Inc. is liable for refusing to hire an applicant who wore a hijab for religious reasons despite the fact...more

Supreme Court Rules in Favor of EEOC in Abercrombie Religious Discrimination Case

Employers Cannot Refuse to Hire Applicants Based on Religious Belief or Practice, Even If Not Specifically Asked for an Accommodation - WASHINGTON-The U.S. Supreme Court held today in an 8-1 decision written by Justice...more

Supreme Court Rules Employer’s Motive (Not Knowledge) Decides Disparate-Treatment Claims

On June 1, 2015, the Supreme Court of the United States decided whether an employer’s obligations under Title VII of the Civil Rights Act of 1964 are triggered only when an applicant has informed the employer of his or her...more

Supreme Court Rules EEOC Conciliation Efforts are Subject to Limited Judicial Review

In Mach Mining, LLC v. EEOC, decided April 29, 2015, the United States Supreme Court unanimously held that federal courts have the authority to review whether the EEOC satisfied its statutory obligation to engage in...more

SuperVision Today - May 2015

In This Issue: - Notes from the Chair and Executive Editor - The Fourth Circuit Asks What For, Answers with But For: The Determination that a Landmark United States Supreme Court Decision Does Not Change Employment...more

The U.S. Supreme Court Rules That Courts Can Review Conciliation Efforts

After an employee submits a charge complaining of discrimination, the Equal Employment Opportunity Commission (“EEOC”) investigates the matter and gathers evidence regarding the claims in question. If the EEOC determines that...more

Stress at Work: An Employer's Liability?

In Easton v B&Q Plc [2015] EWHC 880, the High Court considered whether an employer was liable for an employee’s psychiatric injury caused by work-related stress. Easton had been a high performing manager at B&Q for 10...more

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