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EEOC v. Abercrombie & Fitch Stores, Inc.

Docket No.: 14-86
Certiorari Granted: Oct 2 2014
Argued: February 25, 2015
Decided: 6/01/15


Americans with Disabilities Act, Civil Procedure, Civil Rights Act, Civil Rights Act of 1964, Federal Rules of Civil Procedure, Title VII, adverse employment action, disparate impact, disparate treatment

PartyNames: Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.
Petitioner: Equal Employment Opportunity Commission
Respondent: Abercrombie & Fitch Stores, Inc.

Court Below: United States Court of Appeals for the Tenth Circuit
Citation: 731 F.3d 1106
Supreme Court Docket

Equal Employment Opportunity Commission
Abercrombie & Fitch Stores, Inc.
Question Presented:

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.

EEOC v. Abercrombie & Fitch Stores, Inc.

February 25, 2015

Listen to Oral Argument in EEOC v. Abercrombie & Fitch Stores, Inc.
Vote: 8-1
Majority: Judgment Reversed, Case Remanded. Scalia, Chief Justice Roberts, Kennedy, Ginsburg, Breyer, Sotomayor, Kagan
Concurring: Alito,Thomas
Dissenting: Thomas
Opinion By:
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