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."
Day Pitney Trusts and Estates Partner Tasha Dickinson and Litigation Partner Mark Romance authored the article, "What Partners Can Learn From Associates: Top Five Insights," for the Daily Business Review.
Day Pitney Alert "FTC Takes Historic Action Against The Enforcement of Non-Compete Agreements," was featured in the Inside Radio article, "Business Begins Angling To Scale Back FTC's Proposed Limits on Noncompete Agreements."
Chair of Day Pitney's Employment and Labor Practice Heather Brochin and Senior Associate Jim Leva authored an article titled, "New Jersey Takes Aim at Restrictive Covenants," for the New Jersey Law Journal's Employment Law Special Section.