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EEOC v. Abercrombie & Fitch Stores Inc..

Articles Discussing Case:

Supreme Court Expands Religious Discrimination Liability

Nexsen Pruet • July 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 who express such a need. But a recent decision of the U.S. Supreme Court clarifies that an employer can also become liable for religious discrimination – even when the employer had no knowledge of an applicant’s potential need for a religious accommodation – if the applicant’s religious practice was a “motivating factor” in the employer’s decision against hiring the applicant.