Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.
Issues
Does an employer violate Title VII by refusing to hire an applicant or by discharging an employee based on a religious observance when the applicant or employee failed to provide actual knowledge to the employer, through explicit notification, of the applicant’s or employee’s need for a religious accommodation?
The Supreme Court will determine whether an employer can be liable under Title VII for refusing to hire a candidate or dismissing an employee only if the employer had actual knowledge, gained by the candidate’s or employee’s explicit notification, that the candidate or employee required a religious accommodation. The EEOC argues that an employer violates Title VII when the employer refuses to hire an applicant or dismisses an employee based on “a religious observance and practice” that could be reasonably accommodated. Abercrombie & Fitch counters that its denial of an exception to a religion-neutral store policy—a look policy considered crucial to the vitality of its business—is not intentional discrimination under Title VII. The Supreme Court’s decision will implicate Title VII’s role in religion-neutral work policies as well as who bears the burden of raising the need for religious accommodations in the workplace.
Questions as Framed for the Court by the Parties
Title VII of the Civil Rights Act of 1964 makes it illegal for an employer "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's * * * religion." 42 U.S.C. 2000e-2(a)(l). "Religion" includes "all aspects of religious observance and practice" unless "an employer demonstrates that he is unable to reasonably accommodate" a religious observance or practice "without undue hardship on the conduct of the employer's business." 42 U.S.C. 2000e(j).
The question presented is whether an employer can be liable under Title VII for refusing to hire an applicant or discharging an employee based on a “religious observance and practice” only if the employer has actual knowledge that a religious accommodation was required and the employer’s actual knowledge resulted from direct, explicit notice from the applicant or employee.
Abercrombie & Fitch Stores, Inc. (“Abercrombie”) is an American clothing company with stores across the United States that operates under several names, including Abercrombie & Fitch, Abercrombie Kids, and Hollister Co. See Equal Employment Opportunity Commission v.
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Additional Resources
- Susan Berfield: The Supreme Court Will Decide if Abercrombie is Guilty of Religious Discrimination, Bloomberg Businessweek (Oct. 2, 2014).
- Lawrence Hurley: Case Of Muslim Woman Denied Job At Abercrombie & Fitch To Go Before Supreme Court, The Huffington Post (Oct. 2, 2014).
- Zach Warren: SCOTUS Expands Docket, Picks Up Key Discrimination Case, Inside Counsel (Oct. 3, 2014).