EEOC v. Abercrombie & Fitch
What's at Stake
Whether an employer can decline to hire a job applicant based on her perceived religious needs without any consideration of possible accommodations unless the job applicant specifically raises the issue.
Under Title VII, employers are required to accommodate the religious beliefs and practices of employees and applicants unless doing so would place an undue burden on the employer. The issue in this case is whether the accommodation requirements of Title VII are triggered only when the employee or applicant identifies a potential conflict or whenever the employer acts on the basis of a perceived conflict, however determined. Joining with a broad coalition of civil rights and religious groups, the ACLU urges the Court to adopt the latter approach.