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Theresa Kelly Quoted in Law360 on EEOC v. Abercrombie Ruling

June 1, 2015

Theresa Kelly was quoted in the article, "Attorneys React To High Court's EEOC v. Abercrombie Ruling," in Law360. The U.S. Supreme Court ruled in EEOC v. Abercrombie & Fitch Stores Inc. that to prevail on a religious discrimination claim, a job applicant need only show that her need for a religious accommodation was a motivating factor in the employer's decision not to hire her, not that the employer had direct knowledge of the need. Kelly states the Court's distinction between knowledge and motive may in the real world, "present some proof problems. Other religious accommodation cases that do not involve dress or other practices that may be apparent at an interview or during the hiring process may present facts where there is no possible way to prove motive without knowledge. In this case, however, the interviewer articulated her suspicion that the plaintiff wore the headscarf because of her faith, bringing it within the purview of Title VII."


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