News & Analysis as of

Reasonable Accommodation Equal Employment Opportunity Commission (EEOC) EEOC v Abercrombie

Dentons

Will A Court Think You Are Naughty or Nice This Holiday Season?

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Religious discrimination cases have been all over the headlines in 2015. The most recognizable case involves Kim Davis, the Kentucky county clerk who refused to issue marriage licenses in protest of the legalization of...more

Laner Muchin, Ltd.

Supreme Court Ruling Endangers Ignorance Defense

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Until now, job application and interview questions that reveal applicants’ protected characteristics have been strongly discouraged. In an economy where dozens of people apply for a vacant job posting, knowing too much about...more

Franczek P.C.

A Review of the Supreme Court’s 2014 - 2015 Term

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During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more

Holland & Knight LLP

Religious Institutions: June 2015

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Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

McAfee & Taft

Gavel to Gavel: Faith and consequences

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Last week’s decision by the U.S. Supreme Court on religious discrimination, EEOC v. Abercrombie & Fitch Stores Inc., may have the unintended effect of an increase in religious stereotyping in the workplace. The lawsuit...more

Baker Donelson

EEOC v. Abercrombie & Fitch Continued: Did the Supreme Court Pave the Way for ADA Claims Based on Nonobvious Disabilities?

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Earlier this month, the Supreme Court decided EEOC v. Abercrombie & Fitch, a Title VII case involving religious discrimination. While the case did not directly involve the Americans with Disabilities Act (ADA), the...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Sides with EEOC in Abercrombie & Fitch Hijab Case

On Monday, June 1, 2015, the United States Supreme Court reversed a judgment of the United States Court of Appeals for the Tenth Circuit which had granted Abercrombie & Fitch (“Abercrombie”) summary judgment in a religious...more

Mintz - Employment, Labor & Benefits...

Supreme Court Holds That Employers Do Not Need Actual Knowledge of an Applicant’s Need for a Religious Accommodation Before They...

The Supreme Court recently held that job applicants may hold their potential employer liable for intentional discrimination under Title VII if the applicant can show that his or her need for an accommodation was a motivating...more

Foley & Lardner LLP

Don’t Ask, Don’t Tell? When It Comes to Religious Accommodation, the Supreme Court Offers Guidance (Well, Sort Of…)

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What if it looks like someone may need a religious accommodation, but the individual never asks? Does the company still have a duty to accommodate? In a much awaited opinion, the Supreme Court, in an 8-1 decision, determined...more

Holland & Knight LLP

Supreme Court Ruling Highlights Risks for Employers at Interview - Plaintiff Can Prove Title VII Claim by Showing That Employer...

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The United States Supreme Court issued an 8-1 ruling in favor of the Equal Employment Opportunity Commission (EEOC) in EEOC v. Abercrombie & Fitch Stores, Inc.The Court ruled that Abercrombie violated Title VII by refusing to...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC V. Abercrombie’s Lesson For Employers – In 5 Minutes Or Your Money Back

In a nutshell, the Supreme Court decision in EEOC v. Abercrombie means this: if an employment decision is motivated by religion – even if the employer does not actually know the religious need of the individual – then the...more

Obermayer Rebmann Maxwell & Hippel LLP

Heads or Tails? New Guidance from the Supreme Court Nearly Flips Religious Accommodations Law on Its Head

Arabic businesswoman in officeOn Monday, June 1, 2015, the United States Supreme Court held that an employer may not refuse to hire an applicant if the need for a religious accommodation was a motivating factor in the...more

Parker Poe Adams & Bernstein LLP

Supreme Court Agrees With EEOC on Duty to Accommodate Suspected Religious Practices

Last year, the Tenth Circuit Court of Appeals issued a controversial opinion absolving a clothing retailer from failing to hire a Muslim applicant for employment who did not tell the company that the headscarf worn at her job...more

Williams Mullen

Supreme Court Sides with EEOC in Longstanding Hijab Dispute with National Clothing Retailer

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On June 1, 2015, the U.S. Supreme Court sided with the EEOC in the well-chronicled case involving a Muslim job applicant who the EEOC claimed was illegally denied employment because of her religion. In EEOC v. Abercrombie &...more

Jackson Walker

Accommodating Religious Practices in the Workplace: Time to Check Those Dress Codes

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Use of a Dress Code Gone Bad - Employers catering to the public, or relying upon in-person customer contacts to promote their businesses, have frequently established employee "dress codes" to regularize the appearance of...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

Foley Hoag LLP

Supreme Court Decides Employers Must Make Religious Accommodations Regardless of Knowledge of Need for Accommodation

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On June 1, 2015, the U.S. Supreme Court held, in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., that an employer violates federal anti-discrimination law where an applicant’s need for a religious...more

Bond Schoeneck & King PLLC

The Supreme Court’s Decision in EEOC v. Abercrombie: What Can Employers Do to Reduce the Risk of Religious Discrimination Claims...

On June 1, the Supreme Court issued an 8-1 decision in EEOC v. Abercrombie & Fitch Stores, Inc., holding that Title VII of the Civil Rights Act prohibits a prospective employer from refusing to hire an applicant in order to...more

Spilman Thomas & Battle, PLLC

Dress Codes, Religion and the Workplace – More Than Meets the Eye

On its face EEOC v. Abercrombie & Fitch Stores, Inc. dealt with an employer’s refusal to hire a Muslim woman who wore a headscarf in accordance with her religion, but the Supreme Court’s decision affects many more workplace...more

Seyfarth Shaw LLP

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

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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

Cozen O'Connor

Supreme Court Clarifies Religious Accommodation Requirements in Hijab Case, but May Create New Problems for Unwary Employers

Cozen O'Connor on

In a decision that came as no major surprise to Supreme Court watchers, on June 1, 2015, the Court ruled 8-1 in EEOC v. Abercrombie & Fitch that Abercrombie & Fitch violated the civil rights of a Muslim job applicant when it...more

Bradley Arant Boult Cummings LLP

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

Robinson & Cole LLP

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

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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

Miller Canfield

Supreme Court Clarifies Protections for Religion in Hiring

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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

Miller & Martin PLLC

U.S. Supreme Court Case EEOC v. Abercrombie Ruling: Employees Must Prove "Motive" Not Mere "Knowledge" in Order to Demonstrate...

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In a closely-watched case arising from the Tenth Circuit Court of Appeals, EEOC v. Abercrombie & Fitch Stores Inc., the U.S. Supreme Court held yesterday that an applicant or employee need not prove that an employer had...more

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