Monday, June 1, 2015

Just in: SCOTUS on Disparate Treatment Claims by Applicants for Reasonable Accommodations

The Supreme Court just released its opinion in EEOC v. Abercrombie and Fitch. Justice Scalia, in an 8-1 decision (J. Thomas dissenting in part):
To prevail in a disparate-treatment claim, an applicant need show only that his need for an accommodation was a motivating factor in the employer’s decision, not that the employer had knowledge of his need.
(per the syllabus). I'll read the whole opinion and provide further analysis.