News & Analysis as of

Religious Clothing Hiring & Firing

U.S. Equal Employment Opportunity Commission...

EEOC Sues MVM, Inc. for Racial Harassment, Religious Discrimination and Retaliation

Security Firm Forced Out Guard for Complaining About Racial Insults, Federal Agency Charges - BALTIMORE - MVM Inc., an Ashburn, Va.-based diversified security services firm, violated federal law when it stopped...more

U.S. Equal Employment Opportunity Commission...

Tim Horton's In Romulus Sued By EEOC for Failure To Provide Religious Accommodation

Employee Not Permitted to Wear Skirt Instead of Pants, Federal Agency Charges - DETROIT - Sleneem Enterprises, LLC, a franchise operator of Tim Horton's Café and Bake Shop in Romulus, Mich., violated federal law by...more

Cozen O'Connor

Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez

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Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode presents the first of two parts of a timely and...more

Littler

European Court Clarifies Legality of Banning Islamic Headscarves in the Workplace

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On March 14, 2017, the Court of Justice of the European Union (“ECJ”) issued a significant ruling clarifying when an employer may prohibit employees from wearing visible signs of their religious beliefs in the workplace. The...more

Hogan Lovells

Employment News - March 2017 #3

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Last minute decider – incapacity dismissal without considering new evidence was disability discrimination - The Court of Appeal in O'Brien v Bolton St Catherine's Academy has reinstated a Tribunal decision that the...more

Jackson Lewis P.C.

Failure to Accommodate Religious Belief Claim to Move Forward

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Religious discrimination claims by a delivery driver for a catering company who was terminated the day after being sent home for wearing a religious head covering survived summary judgment due to the temporal proximity...more

Constangy, Brooks, Smith & Prophete, LLP

Hallelujah! 5 Things About Religion In The Workplace That You May Not Have Known

Our friends at the Equal Employment Opportunity Commission have issued a Fact Sheet for young workers on religious discrimination in the workplace, which brought me back to the EEOC’s older Q&A and Best Practices on religious...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Rotten Ralph’s Restaurant for Religious Discrimination

Restaurant Fired Muslim Employee Because of Her Required Religious Garb, Federal Agency Charges - PHILADELPHIA - Rotten Ralph's, a popular Philadelphia restaurant, violated federal law when it refused to allow a server...more

Sherman & Howard L.L.C.

Supremes Say Abercrombie Not So Hip

The U.S. Supreme Court just issued its much-awaited religious discrimination decision in EEOC v. Abercrombie & Fitch, 575 U.S. ___ (June 1, 2015) (No. 14-86). Samantha Elauf applied for a job with A&F and was denied the job...more

Fenwick & West LLP

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

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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

Fenwick & West LLP

Fenwick Employment Brief - June 2015

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Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation - Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to...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

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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

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

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

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

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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

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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

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