Stuart Gerson Quoted in “Attorneys React to High Court’s EEOC v. Abercrombie Ruling”


Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm's Washington, DC, and New York offices, was quoted in Law360, in “Attorneys React to High Court's EEOC v. Abercrombie Ruling.” (Read the full version — subscription required.)

Following is an excerpt:

“The court's essentially unanimous disposition of EEOC v. Abercrombie & Fitch Stores is not particularly surprising or, given its facts, particularly controversial. The court held that to prevail in a Title VII religious discrimination case, a plaintiff has to show only that her need for an accommodation was a motivating factor in the employer’s decision, not that the employer had knowledge of her need. The plaintiff's wearing of a hijab to her interview should have been an obvious signal, irrespective of the potential employer's actual knowledge of what the applicant needed. Thus, the issue is one of employer motive and an employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions. Important enough in itself, Abercrombie is likely to have spillover effect, particularly in disability cases.”