Supreme Court Takes Up Religion in the Workplace

Andrew Hoag was quoted in The Hill on February 25, 2015. The article “Supreme Court Takes Up Religion in the Workplace” discussed how the Equal Employment Opportunity Commission (EEOC) v. Abercrombie case could help define the limits of religious freedom in the workplace.

Andrew said, “Placing the burden on employers will open up Pandora’s box of religious discrimination claims.”

“It seems reasonable to place the burden on the employee, who knows their own clothing or grooming practices.”

Andrew said if the EEOC prevails, employers could be put in the legally thorny position of inquiring about an applicant’s religion.

“If the Supreme Court rules in the employee’s favor, employers are going to face a catch-22,” he said. “They will now have a difficult process during interviews. The employment decision will no longer be based on the best applicant; it will be infused with employers having to calculate the odds of future litigation.”