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)
- Opinion analysis: New shield against religious bias (Lyle Denniston, June 1, 2015)
- A view from the Courtroom: Elonis and other June 1 decisions (Mark Walsh, June 1, 2015)
- Looking for a workable rule: Today's argument in Plain English (Amy Howe, February 26, 2015)
- Court to consider accommodations for religiously devout employees: In Plain English (Amy Howe, February 25, 2015)
- Argument analysis: Plucking simplicity out of complexity (Lyle Denniston, February 25, 2015)
- Argument preview: Faith and a workplace dress code (Lyle Denniston, February 24, 2015)
- Petition of the day (Maureen Johnston, September 17, 2014)
| Date | Proceedings and Orders |
|---|---|
| 05/16/2014 | 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. |
| 05/19/2014 | Application (13A1139) granted by Justice Sotomayor extending the time to file until June 26, 2014. |
| 06/16/2014 | Application (13A1139) to extend further the time from June 26, 2014 to July 25, 2014, submitted to Justice Sotomayor. |
| 06/17/2014 | Application (13A1139) granted by Justice Sotomayor extending the time to file until July 25, 2014. |
| 07/25/2014 | Petition for a writ of certiorari filed. (Response due August 27, 2014) |
| 08/27/2014 | Brief amici curiae of Religious Organizations filed. |
| 08/27/2014 | Brief of respondent Abercrombie & Fitch Stores, Inc. in opposition filed. |
| 09/10/2014 | Reply of petitioner Equal Employment Opportunity Commission filed. |
| 09/10/2014 | DISTRIBUTED for Conference of September 29, 2014. |
| 10/02/2014 | Petition GRANTED. |
| 10/09/2014 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including November 26, 2014. |
| 10/09/2014 | The time to file respondent's brief on the merits is extended to and including January 15, 2015. |
| 11/17/2014 | Order further extending time to file the joint appendix and petitioner's brief on the merits to and including December 3, 2014. |
| 11/17/2014 | Order further extending time to file respondent's brief on the merits to and including January 21, 2015. |
| 12/03/2014 | Joint appendix filed. (Statement of costs filed.) |
| 12/03/2014 | Brief of petitioner Equal Employment Opportunity Commission filed. |
| 12/09/2014 | Brief amicus curiae of Umme-Hani Khan filed. |
| 12/10/2014 | Brief amicus curiae of The Becket Fund for Religious Liberty filed. |
| 12/10/2014 | Brief amici curiae of American Jewish Committee, et al. filed. |
| 12/10/2014 | Brief amicus curiae of American-Arab Anti-Discrimination Committee, et al. filed. |
| 12/10/2014 | Brief amici curiae of National Jewish Commission on Law and Public Affairs, et al. filed. |
| 12/10/2014 | Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed. |
| 12/10/2014 | Brief amici curiae of Fifteen Religious and Civil Rights Organizations filed. |
| 12/10/2014 | Brief amici curiae of Arizona, et al. filed. |
| 12/10/2014 | Brief amicus curiae of The Council on American-Islamic Relations filed. |
| 12/22/2014 | SET FOR ARGUMENT ON Wednesday, February 25, 2015 |
| 12/22/2014 | Record requested from U.S.C.A. 10th Circuit. |
| 12/30/2014 | 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. |
| 01/07/2015 | CIRCULATED. |
| 01/21/2015 | Brief of respondent Abercrombie & Fitch Stores, Inc. filed. (Distributed) |
| 01/28/2015 | Brief amicus curiae of Equal Employment Advisory Council filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. (Distributed) |
| 01/28/2015 | Brief amici curiae of The National Conference of State Legislatures, et al. filed. (Distributed) |
| 01/28/2015 | Brief amicus curiae of Cato Institute filed. (Distributed) |
| 02/18/2015 | Reply of petitioner Equal Employment Opportunity Commission filed. (Distributed) |
| 02/25/2015 | Argued. For petitioner: Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Shay Dvoretzky, Washington, D. C. |
| 06/01/2015 | 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. |
| 07/06/2015 | JUDGMENT ISSUED. |
| 07/21/2015 | Record from U.S.C.A. 10th Circuit has been returned. |