EEOC v. Abercrombie & Fitch Stores, Inc.: Mistakes, Same-Sex Marriage, and Unintended Consequences

94 Texas Law Review See Also 95 (2016)

UNC Legal Studies Research Paper No. 2688059

13 Pages Posted: 24 Nov 2015 Last revised: 1 Mar 2017

Jeffrey M. Hirsch

University of North Carolina School of Law

Date Written: November 22, 2015

Abstract

In EEOC v. Abercrombie & Fitch Stores, Inc., the Supreme Court held that a job applicant need not notify an employer of a needed religious accommodation in order to bring a claim of religious discrimination under Title VII of the Civil Rights Act. The decision has been heralded as a victory for religious employees and job applicants. Although Abercrombie is certainly a victory for many of these individuals, it is not clear that the decision will always be beneficial to religious employees. Indeed, while the decision enhanced protections for job applicants with clear religious accommodation it may have inadvertently penalized a different class of religious job applicants — those who convey only subtle signs of religious belief.

Keywords: Religion, Employment Discrimination

JEL Classification: K1, K31, K42, J7

Suggested Citation

Hirsch, Jeffrey M., EEOC v. Abercrombie & Fitch Stores, Inc.: Mistakes, Same-Sex Marriage, and Unintended Consequences (November 22, 2015). 94 Texas Law Review See Also 95 (2016); UNC Legal Studies Research Paper No. 2688059. Available at SSRN: https://ssrn.com/abstract=2688059

Jeffrey M. Hirsch (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
919-962-7675 (Phone)

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