The U.S. Supreme Court issued its decision in EEOC v. Abercrombie & Fitch Stores, reversing a Tenth Circuit win for the retailer in a religious discrimination case brought by a Muslim applicant who was denied employment due to her headscarf being a violation of Abercrombie’s dress policy – which prohibited caps of any kind.
Articles Discussing Religion And Workplace Dress Codes And Grooming Issues.
Executive Summary: 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 accommodation. Reversing the Tenth Circuit’s decision in favor of the employer, in EEOC v. Abercrombie & Fitch Stores, Inc., the Court held that an employer “may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.”
The U.S. Supreme Court’s decision this week that an employer may not make an applicant’s religious practice a factor in employment decisions, even if the employer does not have actual knowledge that the practice was religious in nature, gives employers plenty to think about in terms of their hiring and business practices. Employers are now faced with a new set of questions on how to ensure they do not run afoul of this decision.
The U.S. Supreme Court’s decision in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.1 resulted in an expected outcome but provided an unexpectedly small amount of practical guidance for employers.
The Equal Employment Opportunity Commission (EEOC) has released two new technical assistance documents governing religious dress and grooming and Title VII compliance. The first document, Religious Garb and Grooming in the Workplace: Rights and Responsibilities, discusses the interplay between employment discrimination law and religious dress and grooming practices, and outlines steps employers can take to avoid Title VII violations. The second document is a fact sheet that distils the information in the first document to a one-page guide.