A half-century after the enactment of Title VII of the Civil Rights Act of 1964, the U.S. Supreme Court, in an 8-1 decision authored by conservative Justice Antonin Scalia, has finally provided a bright-line rule to assist lower courts in enforcing the federal civil liberties of religious Americans.
Last week, in Equal Employment Opportunity Commission v. Abercrombie and Fitch Stores Inc., the court made clear that the plaintiff in a religious discrimination case need not prove the employer had actual knowledge of her need for a religious accommodation in order to meet her burden to prove religious discrimination under federal employment law