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Supreme Court Rules 8-1 in Favor of Employees’ Rights

On June 1, 2015, the Supreme Court decided EEOC v. Abercrombie & FItch Stores, Inc.

The case posed to the Court the question of whether an employee must inform the employer of his need for a religious accommodation in order to receive the protections of Title VII’s anti-religious discrimination provision.

Writing for the Court, Justice Scalia said that “An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.” In other words, the law does not require employers to have actual knowledge of an employee’s need for a religious accommodation and employers can be liable under Title VII if they refuse to hire an employee to avoid providing a “prospective accommodation.”

The Court’s decision is available here.

If you have questions about the Abercrombie decision, religious discrimination, or any other forms of discrimination or retaliation, contact the employment lawyers at Famighetti & Weinick, PLLC at 631-352-0050 or

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