Religious Discrimination

For those of you who have seen my presentations, you know that I cite the case of EEOC v. Abercrombie & Fitch as an example of a religious accommodation case.

Yesterday, the U.S. Supreme Court resolved the ongoing issue of whether a job applicant who wears religious clothing is required to advise the employer that she needs a religious accommodation. The Court ruled that she does not. According to the Court, to prove a case of religious accommodation discrimination, she only needs to show that the need for a religious accommodation was a motivating factor in the challenged employment decision, not that the employer had actual knowledge of the need for such an accommodation.

Abercrombie had argued, since 2008, that the applicant (who wore a religious headscarf) never asked for an accommodation and, therefore, they could choose not to hire her because her headscarf conflicted with the company’s “Look Policy.”


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