News & Analysis as of September 21, 2024

Disparate Treatment

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Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions. less -

Appeals Court Rejects Retaliation Claim Based On Religious Accommodation Request

Fisher Phillips on 11/15/2018

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

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

Seyfarth Shaw LLP on 10/9/2015

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

Employment Law 101: Religious Discrimination

Gray Reed on 8/20/2015

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national origin....more

Wacky Employee Claims: What Employers Can Learn From Outlandish Situations

Lewitt Hackman on 7/22/2015

Think you've heard every cautionary workplace tale? Believe it or not, you probably haven't – the real question is, how prepared are you to handle wildly unusual complaints, extreme accommodation requests, and highly awkward...more

California Employment Law Notes - July 2015

Proskauer - California Employment Law on 7/17/2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...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

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

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

Stoel Rives LLP on 6/19/2015

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

Religious Institutions: June 2015

Holland & Knight LLP on 6/18/2015

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

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

Holland & Knight LLP on 6/10/2015

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

Employment Law Reporter – June 2015

Ervin Cohen & Jessup LLP on 6/9/2015

Abercrombie & Fitch’s “Look Policy” Needs A Makeover After The Supreme Court Looked At It - The Abercrombie & Fitch clothing company is famous for their scantily clad models with six-packs and very little actual clothing...more

Supreme Court: Motive Matters in Hiring Decisions

McNees Wallace & Nurick LLC on 6/9/2015

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

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

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

Baker Donelson on 6/4/2015

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

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

SCOTUS rules against Abercrombie & Fitch in Tulsa religious discrimination case

McAfee & Taft on 6/4/2015

On Monday, the U.S. Supreme Court ruled in favor of the Equal Employment Opportunity Commission and against Abercrombie & Fitch Stores Inc. in a religious discrimination lawsuit involving a Muslim job applicant at its Tulsa,...more

Supreme Court Sides with Applicant in Abercrombie Headscarf Dispute

Dorsey & Whitney LLP on 6/3/2015

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

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

Ballard Spahr LLP on 6/3/2015

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

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

Bond Schoeneck & King PLLC on 6/3/2015

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

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

Spilman Thomas & Battle, PLLC on 6/3/2015

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

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

Seyfarth Shaw LLP on 6/3/2015

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

Bradley Arant Boult Cummings LLP on 6/3/2015

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

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