Supreme Court to Hear Abercrombie & Fitch Religious Discrimination Case

Here is a summary of the issue to be considered by the Court from

Whether an employer can be liable under Title VII of the Civil Rights Act of 1964 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.

The appeal to the Supreme Court arises from a case, in which an applicant for employment who wore a headscarf alleged she was not hired because the headscarf conflicted with the store’s dress code. Abercrombie asserted, however, that because the applicant did not ask for a religious exemption from the dress code, it was not obligated to accommodate her. Hopefully, the Supreme Court’s decision will clarify what kind of notice an employee or applicant has to provide to an employer to establish the employee’s need for religious accommodation.

Stay tuned….

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