Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-86 | 10th Cir. | Feb 25, 2015 | Jun 1, 2015 | 8-1 | Scalia | OT 2014 |
Holding: To prevail in a disparate-treatment claim under Title VII of the Civil Rights Act of 1964, an applicant need show only that his need for an accommodation was a motivating factor in the employer’s decision, not that the employer actually knew of his need.
Judgment: Reversed and remanded, 8-1, in an opinion by Justice Scalia on June 1, 2015. Justice Alito filed an opinion concurring in the judgement. Justice Thomas filed an opinion concurring in part and dissenting in part.
SCOTUSblog Coverage
- Victory for religious rights in the workplace: In Plain English (Amy Howe, June 2, 2015)
- A “view” from the Courtroom: Elonis and other June 1 decisions (Mark Walsh, June 1, 2015)
- Opinion analysis: New shield against religious bias (Lyle Denniston, June 1, 2015)
- Looking for a workable rule: Today's argument in Plain English (Amy Howe, February 25, 2015)
- Argument analysis: Plucking simplicity out of complexity (Lyle Denniston, February 25, 2015)
- Court to consider accommodations for religiously devout employees: In Plain English (Amy Howe, February 24, 2015)
- Argument preview: Faith and a workplace dress code (Lyle Denniston, February 24, 2015)
- Petition of the day (Maureen Johnston, September 16, 2014)
| Date | Proceedings and Orders |
|---|---|
| May 16 2014 | Application (13A1139) to extend the time to file a petition for a writ of certiorari from May 27, 2014 to June 26, 2014, submitted to Justice Sotomayor. |
| May 19 2014 | Application (13A1139) granted by Justice Sotomayor extending the time to file until June 26, 2014. |
| Jun 16 2014 | Application (13A1139) to extend further the time from June 26, 2014 to July 25, 2014, submitted to Justice Sotomayor. |
| Jun 17 2014 | Application (13A1139) granted by Justice Sotomayor extending the time to file until July 25, 2014. |
| Jul 25 2014 | Petition for a writ of certiorari filed. (Response due August 27, 2014) |
| Aug 27 2014 | Brief amici curiae of Religious Organizations filed. |
| Aug 27 2014 | Brief of respondent Abercrombie & Fitch Stores, Inc. in opposition filed. |
| Sep 10 2014 | Reply of petitioner Equal Employment Opportunity Commission filed. |
| Sep 10 2014 | DISTRIBUTED for Conference of September 29, 2014. |
| Oct 2 2014 | Petition GRANTED. |
| Oct 9 2014 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including November 26, 2014. |
| Oct 9 2014 | The time to file respondent's brief on the merits is extended to and including January 15, 2015. |
| Nov 17 2014 | Order further extending time to file the joint appendix and petitioner's brief on the merits to and including December 3, 2014. |
| Nov 17 2014 | Order further extending time to file respondent's brief on the merits to and including January 21, 2015. |
| Dec 3 2014 | Joint appendix filed. (Statement of costs filed.) |
| Dec 3 2014 | Brief of petitioner Equal Employment Opportunity Commission filed. |
| Dec 9 2014 | Brief amicus curiae of Umme-Hani Khan filed. |
| Dec 10 2014 | Brief amicus curiae of The Becket Fund for Religious Liberty filed. |
| Dec 10 2014 | Brief amici curiae of American Jewish Committee, et al. filed. |
| Dec 10 2014 | Brief amicus curiae of American-Arab Anti-Discrimination Committee, et al. filed. |
| Dec 10 2014 | Brief amici curiae of National Jewish Commission on Law and Public Affairs, et al. filed. |
| Dec 10 2014 | Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed. |
| Dec 10 2014 | Brief amici curiae of Fifteen Religious and Civil Rights Organizations filed. |
| Dec 10 2014 | Brief amici curiae of Arizona, et al. filed. |
| Dec 10 2014 | Brief amicus curiae of The Council on American-Islamic Relations filed. |
| Dec 22 2014 | SET FOR ARGUMENT ON Wednesday, February 25, 2015 |
| Dec 22 2014 | Record requested from U.S.C.A. 10th Circuit. |
| Dec 30 2014 | Record received from U.S.C.A. 10th Circuit. The record is electronic and located on PACER, also received 1-Box of pleadings in the case. |
| Jan 7 2015 | CIRCULATED. |
| Jan 21 2015 | Brief of respondent Abercrombie & Fitch Stores, Inc. filed. (Distributed) |
| Jan 28 2015 | Brief amicus curiae of Equal Employment Advisory Council filed. (Distributed) |
| Jan 28 2015 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. (Distributed) |
| Jan 28 2015 | Brief amici curiae of The National Conference of State Legislatures, et al. filed. (Distributed) |
| Jan 28 2015 | Brief amicus curiae of Cato Institute filed. (Distributed) |
| Feb 18 2015 | Reply of petitioner Equal Employment Opportunity Commission filed. (Distributed) |
| Feb 25 2015 | Argued. For petitioner: Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Shay Dvoretzky, Washington, D. C. |
| Jun 1 2015 | Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Thomas, J., filed an opinion concurring in part and dissenting in part. |
| Jul 6 2015 | JUDGMENT ISSUED. |
| Jul 21 2015 | Record from U.S.C.A. 10th Circuit has been returned. |
