February 25, 2015

EEOC challenges 10th Circuit Abercrombie Hajib ruling

The EEOC has filed a brief in the Supreme Court strongly criticizing the 10th Circuit’s ruling that Abercrombie &  Fitch could legally refuse to hire a woman because her wearing a hijab would interfere with its “look” policy governing the way its employees dressed. The Court found the applicant had never requested a religious accommodation. The EEOC argued that regardless of whether the employer was on notice of the need for a religious accommodation or merely inferred it, denial of an employment opportunity based upon religious beliefs should not be permitted.   The 10th Circuit’s analysis differed from that of other courts that have considered the issue. SPSK has recently written an article on religious accommodation under the LAD and Title VII. It can be reviewed here.