Compliance Bulletin

High Court Lowers Bar on Religious Discrimination Claims
June 8, 2015

Last week the U.S. Supreme Court issued a ruling that would make employers liable for intentional discrimination under Title VII of the Civil Rights Act of 1964 based on a job applicant’s religious practice even if its employment policies are neutral on their face and the applicant did not ask for an accommodation. Justice Scalia, writing for an 8-1 majority, wrote, “Title VII gives favored treatment to religious practices, rather than demanding that religious practices be treated no worse than other practices.” An employer is liable if its desire not to provide an accommodation was a motivating factor in the adverse decision regardless of its actual knowledge. Please see CBA’s Regulatory Compliance Bulletin for more information.