Suspicions and Assumptions About an Applicants Religious Practices Can Lead to Title VII Liability for Employers
The Supreme Court recently ruled in E.E.O.C. v. Abercrombie & Fitch Stores, that a job applicant only had to show that the need for a religious accommodation was a motivating factor in the prospective employer's decision to not hire the applicant in order to prove a violation of Title VII of the Civil Rights Act, and not that the employer had actual knowledge of the applicants need for an accommodation based upon one's religious practice. Title VII prohibits a prospective employer from refusing to hire a applicant because of the applicant's religious practice when the practice could be accommodated without undue hardship.