Abercrombie decision in on target

June 8, 2015

I don’t often find myself in agreement with Justice Scalia, but in the EEOC v Abercrombie and Fitch, he got it right.  In his decision, the Justice writes; ““The rule for disparate-treatment claims based on a failure to accommodate a religious practice is straightforward: An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions,”

One thing we must wonder about as HR practitioners is the degree to which hiring managers are aware of the law on disparate treatment.  Most of the time discrimination cases are about adverse impact and those are much more nuanced.

So, maybe its time to consider some additional training as the workforce becomes more global and diverse.

Leave a Reply