In December 2015, an agency worker arrived to work as a receptionist and was sent home without pay for failure to wear high heels in accordance with the agency’s dress code. The story attracted widespread media attention, and led to an enquiry by a House of Commons Committee whose report was published in January 2017.
religious discrimination
The deeper meaning behind Abercrombie besides failing to ask about an accommodation
As widely reported in its recent EEOC v. Abercrombie & Fitch Stores, Inc. decision, the United States Supreme Court held that employers cannot lawfully refuse to hire an applicant if the decision was motivated by the employer’s unwillingness to provide the applicant with an accommodation the applicant needs for religious reasons.
However, in so holding,…
Headwinds and headscarves – Charting a prudent course for employers in the wake of EEOC v. Abercrombie & Fitch
On June 1, 2015, the Supreme Court of the United States, in EEOC v. Abercrombie & Fitch Stores, Inc., held that an employer need not have actual knowledge of the need for religious accommodation to be liable for a hiring decision if the employer refuses to accommodate a perceived need for a religious accommodation.…
US Supreme Court rules against Abercrombie & Fitch in hijab case
On June 1, 2015, The Supreme Court of the United States ruled in an 8-1 decision that a retailer clothing chain’s failure to hire a job applicant who wore a hijab, or headdress, to her job interview violates federal law prohibiting discrimination based upon religious belief.
The case originated in 2008 after clothing retailer Abercrombie…
Accommodating religious preferences of job applicants: EEOC vs. Abercrombie & Fitch goes to the US Supreme Court
Under Title VII, employers have a duty to reasonably accommodate the religious beliefs of applicants and employees, where it is not an undue hardship to do so. Similar to requirements under the Americans with Disabilities Act, this includes an obligation to engage in an interactive dialogue with the applicant or employee regarding the need for…
What protection do employees have against religious discrimination in the UK?
Before the Employment Equality (Religion and Belief) Regulations came into force in 2003, there was no specific protection for employees from discrimination on grounds of their religious or other beliefs. The law on religion and belief discrimination is now set out in the Equality Act 2010 (the Act) which provides for protection from discrimination in…