News & Analysis as of September 19, 2024

EEOC v Abercrombie

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Despite Abercrombie, Fifth Circuit Again Rejects Claim From Employee Fired for Refusing to Read Rosary

Parker Poe Adams & Bernstein LLP on 9/8/2015

Earlier this year in its Abercrombie decision, the U.S. Supreme Court stated that an employee suing for religious discrimination did not have to demonstrate actual knowledge of an employee’s religious practices to trigger...more

Retailers Should Heed Supreme Court Guidance On Religion

Fisher Phillips on 9/3/2015

Earlier this summer, the U.S. Supreme Court held that retail giant Abercrombie & Fitch committed religious discrimination by refusing to hire an applicant (EEOC v. Abercrombie & Fitch, read Alert here). The company believed...more

Employment Law - August 2015

Manatt, Phelps & Phillips, LLP on 8/10/2015

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

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

Abercrombie Resolves Religious Discrimination Case Following Supreme Court Ruling in Favor of EEOC

U.S. Equal Employment Opportunity Commission... on 7/29/2015

WASHINGTON - A federal appeals court has granted Abercrombie & Fitch's request to dismiss its appeal of EEOC's successful religious discrimination suit against the company, the federal agency announced today. This represents...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

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

Five EEOC Initiatives to Monitor on the Agency’s Silver Anniversary

Epstein Becker & Green on 6/23/2015

The U.S. Equal Employment Opportunity Commission (“EEOC”) opened its doors on July 2, 1965, exactly one year after President Lyndon B. Johnson signed the Civil Rights Act of 1964. Title VII of that act (“Title VII”) prohibits...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

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

Baker Donelson on 6/16/2015

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

Employment Law - June 2015

Manatt, Phelps & Phillips, LLP on 6/15/2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

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

Mintz - Employment, Labor & Benefits... on 6/15/2015

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

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 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

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

Constangy, Brooks, Smith & Prophete, LLP on 6/9/2015

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

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

Obermayer Rebmann Maxwell & Hippel LLP on 6/9/2015

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

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

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