News & Analysis as of

Appearance Policy Title VII

Constangy, Brooks, Smith & Prophete, LLP

That well-endowed Canadian teacher -- what would've happened here?

This is a G-rated post. PG at worst. Toronto-area shop teacher Kayla Lemieux -- you know, the one with the famous Z-cup breasts -- has been placed on a leave of absence now that the New York Post has reported that she is...more

Fisher Phillips

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

Fisher Phillips on

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

Parker Poe Adams & Bernstein LLP

New California Law Prohibits Discrimination on the Basis of Natural Hair

Earlier this month, California’s governor signed into law the Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act. The new law is the first of its kind in the U.S. Beginning January 1, 2020, it will prohibit...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues McDonald’s Franchise For Religious Discrimination

Longwood Restaurant Failed to Hire Applicant Because of His Beard, Federal Agency Charges in Lawsuit - ORLANDO, Fla. - Chalfont & Associates Group, Inc., owner of multiple McDonald's restaur­ants in Central Florida,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City Issues Legal Enforcement Guidance on Race Discrimination on the Basis of Hair

On February 19, 2019, the New York City Commission on Human Rights (NYCCHR) issued a sweeping and detailed legal enforcement guidance outlining new protections for New Yorkers who maintain “natural hair or hairstyles most...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - November/December 2016

Court Upholds Employer’s Dreadlock Ban Finds Grooming Policy Did Not Violate Title VII of the Civil Rights Act - A federal appellate court recently held that an employer’s policy banning dreadlocks did not constitute...more

Ruder Ware

Hairstyle Is Not a Protected Category but Sexual Orientation Likely Is

Ruder Ware on

Several recent decisions have opened the door to further scrutiny regarding discrimination and the basis for a finding of discriminatory conduct by an employer. These decisions continue to show the volatility of...more

Mintz - Employment, Labor & Benefits...

NJ High Court Declines to Review “Borgata Babes” Case, Effectively Doubling Down on Appellate Court’s Acceptance of Atlantic City...

The BorgataBabes Are Subject to Specific Personal Appearance Standards - The Borgata, which when it opened in 2003, marketed itself as Atlantic City’s first Las Vegas-style resort and distinguished itself in the...more

Sheppard Mullin Richter & Hampton LLP

District Court for the EDNY Denies Motion to Dismiss Selective Enforcement Gender Discrimination and Retaliation Claims Related to...

In Visecchia v. Alrose Allegria LLC, a recent decision from the United States District Court for the Eastern District of New York, the court granted in part and denied in part a motion to dismiss claims of gender...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2015

California Sick Leave Law Gets Updates - Why it matters: California's Healthy Workplaces, Healthy Families Act just took effect on July 1 but Governor Jerry Brown has already signed into law tweaks to the statute....more

Laner Muchin, Ltd.

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

Laner Muchin, Ltd. on

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Ervin Cohen & Jessup LLP

Employment Law Reporter – June 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

Kelley Drye & Warren LLP

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

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

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

Williams Mullen on

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

Jackson Walker on

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

McAfee & Taft

SCOTUS rules against Abercrombie & Fitch in Tulsa religious discrimination case

McAfee & Taft on

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

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

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

Proskauer - Law and the Workplace

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Fisher Phillips

Hospitality Update, No. 4, December 2012: Let Me Take A Look At That Tattoo

Fisher Phillips on

There is no question that tattoos, body piercings, and other forms of self-expression have become commonplace in modern society, especially among the Gen X and Gen Y demographic. As a result, employers have to deal with...more

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