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The Morning Risk Report: Supreme Court's Catch-22 for Employers


Andrew Hoag was quoted in the Wall Street Journal on June 2, 2015. The article “The Morning Risk Report: Supreme Court's Catch-22 for Employers” discussed the Supreme Court's decision announced Monday in favor of a job applicant rejected by Abercrombie & Fitch Co. and how it poses a dilemma for employers.

They "are going to have to be extremely cognizant of the Catch-22 of this decision vs. the [ Equal Employment Opportunity Commission] prohibition and many states' prohibitions, on inquiring about religion," said Andrew.

The catch, said Andrew, is that "the employer should not inquire about religion but has to guard against a claim that a failure to hire was based on the motivation not to want to accommodate a religious belief."

To read the full article, please visit the Wall Street Journal.


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