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Attorneys React To High Court's EEOC v. Abercrombie Ruling


Andrew Hoag was quoted in the Law360 on June 2, 2015. The article “Attorneys React To High Court's EEOC v. Abercrombie Ruling” provided attorneys' reaction to the Supreme Court's decision announced Monday in favor of a job applicant rejected by Abercrombie & Fitch Co.

Andrew was quoted on the significance of this decision.

“The court’s decision provides a self-proclaimed 'straightforward' rule — 'An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions' — the practical application of which is anything but straightforward. Since an applicant need only show that his or her religion was a motivating factor in an employer’s decision not to hire him or her, employers face a practical paradox: Employers may face liability for failure to accommodate a religious practice — even if they do not have knowledge of the religious practice — but employers are prohibited from inquiring about religious practices. So even where an employer has no knowledge that an employee had a religious practice, failure to hire her might be motivated by her religious practice? Yes.”

To read the full article, please visit Law360.


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