News & Analysis as of September 24, 2024

Supreme Court of the United States › Dress Codes

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Weekly Checklist: It’s Time to Update Your Employee Appearance Policy for 2023

Fisher Phillips on 12/12/2022

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

OFCCP Week In Review: June 2022 #2

DirectEmployers Association on 6/13/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Practical Questions for Employers Following the Bostock Decision, Part 2: Dress Codes and Grooming Standards

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/2/2020

On June 15, 2020, the Supreme Court of the United States issued its decision in Bostock v. Clayton County, Georgia, holding that, pursuant to Title VII of the Civil Rights Act of 1964, as amended, covered employers may not...more

SCOTUS Hears Arguments on Scope Discrimination Because of Sex Under Title VII

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/11/2019

On October 8, 2019, the Supreme Court of the United States heard oral argument on one core question: does the prohibition on discrimination “because of...sex” in Title VII of the Civil Rights Act of 1964 include...more

The Supreme Court - November 13, 2017

Dorsey & Whitney LLP on 11/14/2017

Today, the Supreme Court granted certiorari in the three cases: Minnesota Voters Alliance v. Mansky, No. 16-1435: Is Minnesota Statute Section 211B.11, which broadly bans all political apparel at the polling place,...more

Court Allows EEOC to Join Transgender / Sex Discrimination Lawsuit against First Tower Loan

U.S. Equal Employment Opportunity Commission... on 9/18/2015

Lake Charles Location Terminated Employee Because of Transgender Status, Commission Charges - NEW ORLEANS - Mississippi-based First Tower Loan, LLC violated federal law by firing a Lake Charles, La., manager-trainee...more

Supreme Court Expands Religious Discrimination Liability

Maynard Nexsen on 7/31/2015

Most employers know that Title VII prohibits discrimination against applicants or employees based on religion. They also know that Title VII requires employers to provide reasonable, religion-based accommodations to employees...more

Muslim Applicant Can Proceed With Religious Discrimination Lawsuit

Proskauer - California Employment Law on 7/30/2015

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

U.S. Supreme Court Rules Against Abercrombie In Headscarf Religious Accommodation Case

Laner Muchin, Ltd. on 7/7/2015

The U.S. Supreme Court reinstated the EEOC’s lawsuit against Abercrombie & Fitch Stores, Inc., alleging that Abercrombie violated Title VII of the Civil Rights Act of 1964 by refusing to hire a Muslim applicant, who wore a...more

Supremes Say Abercrombie Not So Hip

Sherman & Howard L.L.C. on 6/30/2015

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

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

Fenwick & West LLP on 6/26/2015

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 Employment Brief - June 2015

Fenwick & West LLP on 6/24/2015

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

Accommodating Dress Codes

Zelle LLP on 6/23/2015

It’s hot outside, and that got us thinking about dress codes. Over the past two weeks, the media has been fascinated with employer dress codes – from Walmart allowing denim to Mayo nixing pantyhose to Abercrombie’s “look...more

Supreme Court Agrees With EEOC In Regard To Religious Accommodation

Poyner Spruill LLP on 6/23/2015

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

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

McGuireWoods LLP on 6/19/2015

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

Supreme Court Sides with EEOC in Abercrombie & Fitch Hijab Case

Sheppard Mullin Richter & Hampton LLP on 6/15/2015

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

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

Foley & Lardner LLP on 6/11/2015

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

Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters

Kelley Drye & Warren LLP on 6/8/2015

As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against...more

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

FordHarrison on 6/8/2015

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

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

Williams Mullen on 6/4/2015

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

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

Jackson Walker on 6/4/2015

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

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

Hinshaw & Culbertson LLP on 6/4/2015

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

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

Littler on 6/4/2015

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

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

Foley Hoag LLP on 6/4/2015

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

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

Cozen O'Connor on 6/3/2015

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

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Supreme Court of the United States › Dress Codes

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