RBGG’s Gay Grunfeld provide the following comment to Law360 following the U.S. Supreme Court’s ruling on June 2, 2015 finding that in order to prevail on a disparate treatment claim, a job applicant only has to show that her need for a religious accommodation was a motivating factor in the employer’s decision, not that the employer had knowledge of the need.
According to Gay, “Today’s 8-1 Supreme Court decision in EEOC v. Abercrombie & Fitch Stores, Inc., applies a welcome common-sense approach, noting that under Title VII “an applicant need only show that [her] need for an accommodation was a motivating factor in the employer’s decision” not to hire the applicant. It was undisputed that Abercrombie did not hire Ms. Elauf because she wore a scarf for religious reasons. Although relatively unusual to have proof of this nature in a failure to hire case, the Court’s decision should make it easier for job applicants of all types to succeed if denied jobs for improper reasons.”
The full text of the ruling is available here: EEOC v. Abercrombie & Fitch Stores, Inc.