Supreme Court of the United States

Equal Employment Opportunity Commission, Petitioner v. Abercrombie & Fitch Stores, Inc.

June 1, 2015135 S. Ct. 2028

Summary

The Court held Title VII prohibits an employer from refusing to hire to avoid accommodating a religious practice even when the applicant has not informed the employer of the need for accommodation. The Court found motive, rather than knowledge, is the controlling concept under Title VII's disparate-treatment provision. Justice Alito concurred in the judgment, maintaining an employer must know the practice is religious to be liable. Justice Thomas concurred in part and dissented in part, arguing neutral policies should not establish intentional discrimination.