Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts

Authors

Bruce N. Cameron
Blaine L. Hutchison

First Page

471

Last Page

510

Document Type

Article

Abstract

In Abercrombie & Fitch, the U.S. Supreme Court fundamentally changed the way that Title VII religious accommodation cases are litigated and evaluated. This paper analyzes Abercrombie, explains how the Court eliminated religious accommodation as a freestanding cause of action, and suggests an altered proof framework for plaintiffs seeking an accommodation. The paper also explores the conflict between employee privacy rights and classic proof requirements for religious sincerity. The lower courts have largely failed to apprehend the change mandated by Abercrombie, with the result that their opinions are in disarray. The paper includes a chart organizing the diverse lower court opinions.

Recommended Citation

Bruce N. Cameron and Blaine L. Hutchison Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, 46 Pepp. L. Rev. 471 (2019)
Available at: https://digitalcommons.pepperdine.edu/plr/vol46/iss3/2