Monday, June 8, 2015

That is SO last week

Last Monday, the U.S. Supreme Court issued its long-awaited opinion in EEOC v. Abercrombie & Fitch, a religious accommodation case that arose when an applicant claimed that she was not hired because her religious beliefs require that she wears a hijab, or cloth hair cover. At issue in the case was what a plaintiff must show to prevail in such a case.  The Court wrote, “To prevail in a disparate-treatment claim, an applicant need show only that his need for an accommodation was a motivating factor in the employer’s decision, not that the employer had knowledge of his need.” Abercrombie had asserted in its defense that the applicant did not ask for a religious accommodation and that her hijab would have violated the company’s dress code. Writing for an eight-Justice majority, Justice Scalia held that Abercrombie’s actual knowledge of the need for a reasonable accommodation was not before the court, only the retail store’s motive in rejecting an applicant it believed could require a reasonable accommodation due to her religious beliefs.
In other developments:
Wage & Hour
  • The Sixth Circuit Court of Appeals held that an employee’s own testimony may be sufficient to get to a jury in an off-the-clock FLSA claim.

Posted by Kate Bischoff