Religious Discrimination and Accommodation in the Wake of EEOC v. Abercrombie

On June 1, 2015, the U.S. Supreme Court held that an employer may be liable for religious discrimination in refusing to hire an applicant or accommodate her religious beliefs, even if the employer lacks actual knowledge of the potential conflict between the applicant’s religious observance and the employer’s neutral workplace policies. In Abercrombie, the Supreme Court concluded that Samantha Elauf, a practicing Muslim who appeared for her interview in a hijab, had stated a claim for religious discrimination against Abercrombie & Fitch even though Elauf never mentioned her religion or requested an accommodation during her interview. 

Although the Supreme Court’s decision underscores the need for employers to be more aware of the potential need to accommodate workers’ religious observances, the Court provided little guidance to employers as to when and how to engage applicants or employees who may need religious accommodations. This program explores the EEOC’s position regarding religious discrimination and accommodation and the effect of the Supreme Court’s decision on employers’ hiring practices. George C. Whipple III and Nathaniel M. Glasser, experienced practitioners of EEO law and members of Epstein Becker Green, identify and provide strategic insights for employers to comply with the recent Abercrombie decision and avoid religious discrimination claims.

Learning Objectives:

I.     Review the EEOC’s position regarding religious discrimination and accommodation 

II.    Understand the EEOC v. Abercrombie & Fitch Stores, Inc. decision and rationale 

III.   Explore the impact of the Abercrombie decision on workplace policies, particularly recruitment and hiring 

IV.   Identify strategies that allow legal compliance while meeting business objectives