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Accommodating an Employee’s Religion Just Got Even More Complicated
Posted 06.18.15
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Jonathan A. Segal
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I am pleased to share with you a blog I wrote for Entrepreneur

I have read, for the fourth time, the Supreme Court’s decision in EEOC v Abercrombie & Fitch and remain baffled. What is an employer to do?

Very briefly, in the case, the employee wore headscarves that are often worn by Muslim women. These scarves did not meet the ‘”look” A&F wanted. Managers there talked about their belief she might be Muslim, but never discussed the “look” issue with her.

Without getting caught in the legal weeds, the Supreme Court said A&F could be liable for religious discrimination by way of failure to accommodate, even though it only suspected the applicant’s religion and even though the applicant never requested an accommodation.

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About Jonathan A. Segal
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Jonathan A. Segal is a partner at Duane Morris LLP in the Employment Group. He is also the managing principal of the Duane Morris Institute. The Duane Morris Institute provides training for human resource professionals, in-house counsel, and other leaders at client sites and by way of webinar on myriad employment, leadership labor, benefits and immigration topics. Jonathan has served intermittently as a consultant to the Federal Judicial Center in Washington, D.C. for more than 20 years, providing training on employment issues to federal judges around the country. Jonathan also has provided training on harassment on behalf of the EEOC as well as providing training on diversity to members of the United States intelligence agencies. Jonathan is also frequently a featured speaker at national, state and local human resource, business and legal conferences, including conferences sponsored by the Society for Human Resource Management and the Pennsylvania State Chamber of Business and Industry. Jonathan’s practice focuses on maximizing compliance and minimizing legal risk. Jonathan’s particular areas of emphasis include: equal employment opportunity in general and gender equality in particular: social media; wage and hour; performance management; talent acquisition; harassment prevention and correction; and non-competes and other ways to protect your business. You can find him on Twitter @Jonathan_HR_Law .