Religious Accommodation in the American Workplace: The Consequences of the Supreme Court Decision in EEOC v. Abercrombie & Fitch

Forthcoming in Journal of Law, Religion and State 5 (25-47), Bar Ilan University (2017)(symposium edition)

18 Pages Posted: 13 Jun 2016 Last revised: 24 Feb 2017

See all articles by Debbie Kaminer

Debbie Kaminer

Zicklin School of Business, Department of Law, Baruch College - The City University of New York

Date Written: July 27, 2016

Abstract

This Article examines how the Abercrombie decision represents a shift in the Supreme Court’s analysis in §701(j) cases, and how as a result of this decision lower courts will likely provide more protection to employees requesting accommodation in these cases. Abercrombie is known primarily for its holding that an employer can be liable for religious discrimination even in cases where the employer does not have “actual knowledge” of an applicant or employee’s need for religious accommodation. However, the Court also held that religious accommodation claims can be raised as disparate treatment claims, explaining that because § 701(j) defines religion to include practice as well as belief, failure to accommodate claims can constitute “intentional discrimination.” In reaching this conclusion, the Supreme Court for the first time emphasized that § 701(j) mandates more than formal equality. This is an important shift since prior to Abercrombie, the federal courts often relied on formal equality in limiting an employer’s accommodation obligation. As a result, employees may now have greater protection of their right to religious accommodation in the workplace.

Suggested Citation

Kaminer, Debbie, Religious Accommodation in the American Workplace: The Consequences of the Supreme Court Decision in EEOC v. Abercrombie & Fitch (July 27, 2016). Forthcoming in Journal of Law, Religion and State 5 (25-47), Bar Ilan University (2017)(symposium edition), Available at SSRN: https://ssrn.com/abstract=2794129 or http://dx.doi.org/10.2139/ssrn.2794129

Debbie Kaminer (Contact Author)

Zicklin School of Business, Department of Law, Baruch College - The City University of New York ( email )

New York, NY
United States

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