June 4, 2015

Supreme Court rejects 10th Circuit Abercrombie decision

The Supreme Court has reversed the 10th Circuit’s decision that Title VII requires a showing that an unfavorable hiring decision required proof that the motivation was the result of an unwillingness to accommodate an applicant’s religious needs.   Abercrombie and Fitch had refused to hire a Muslim woman who was required to wear a hajib as a religious practice. The 10th Circuit held that there must be a showing that the employer had knowledge of the need for an accommodation.

The Supreme Court distinguished between motives and knowledge, holding that an employer may violate Title VII even where  there is only an “unsubstantiated suspicion” that an accommodation would be necessary.

SPSK has previously written an article on religious accommodation in the work place.