Law 360 featured comments from Partner Carrie B. Hoffman on the recent Supreme Court decision in EEOC v. Abercrombie & Fitch Stores Inc. In order to prove a disparate treatment claim, the court concluded that an applicant must demonstrate that the need for religious accommodation played a factor in an employer’s hiring decision.
“Most employers are generally following proper hiring practices, and therefore this decision is not likely to have a significant impact for them,” Ms. Hoffman said. “But this decision could have a larger impact on the employers in the retail and hospitality sectors that are basing hiring decisions on presenting a ‘uniform look.’”
