judicialsupport

Legal Writing for Legal Reading!

Supreme Court Rules Against Abercrombie In Title VII Religious Accommodation Case

This is from religionclause.blogspot.com which you can find here:

“In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., (Sup. Ct., June 1, 2015), the U.S. Supreme Court today reversed the 10th Circuit’s holding on when employers must offer a reasonable accommodation for an employee’s religious practices.  The 10th Circuit had held that Abercrombie & Fitch did not violate Title VII of the 1964 Civil Rights Act when it failed to reasonably accommodate Samantha Elauf’s need to wear a headscarf because Elauf had not informed the company that she wore the hijab for religious reasons and would need an accommodation. (See prior posting.)  In an opinion by Justice Scalia, 7 justices held:

Motive and knowledge are separate concepts. An employer who has actual knowledge of the need for an accommodation does not violate Title VII by refusing to hire an applicant if avoiding that accommodation is not his motive. Conversely, an employer who acts with the motive of avoiding accommodation may violate Title VII even if he has no more than an unsubstantiated suspicion that accommodation would be needed.

Thus, the rule for disparate-treatment claims based on a failure to accommodate a religious practice is straightforward: An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions….

A request for accommodation, or the employer’s certainty that the practice exists, may make it easier to infer motive, but is not a necessary condition of liability.

Justice Alito concurred only in the judgment, urging a different test for liability.  He concluded that Abercrombie is liable only if it had knowledge that Elauf wore her headscarf for religious reasons, but that there was sufficient evidence that Abercrombie had such knowledge that the court should not have granted summary judgment to defendants.

Justice Thomas dissented, arguing that Abercrombie’s actions did not amount to disparate treatment (or intentional discrimination):

Abercrombie refused to create an exception to its neutral Look Policy for Samantha Elauf ’s religious practice of wearing a headscarf…. In doing so, it did not treat religious practices less favorably than similar secular practices, but instead remained neutral with regard to religious practices. To be sure, the effects of Abercrombie’s neutral Look Policy, absent an accommodation, fall more harshly on those who wear headscarves as an aspect of their faith. But that is a classic case of an alleged disparate impact.

Politico reports on the decision.”

 

Advertisements

Single Post Navigation

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: