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Supreme Court Quick Quiz

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The Supreme Court handed down a ruling based on Title VII of the Civil Rights Act today. The (prospective) employee won, against the appalling Abercrombie & Fitch. Guess who wrote the opinion for the Court?

Instead, the intentional discrimination provision prohibits certain motives, regardless of the state of the actor’s knowledge. Motive and knowledge are separate concepts. An employer who has actual knowledge of the need for an accommodation does not violate Title VII by refusing to hire an applicant if avoiding that accommodation is not his motive. Conversely, an employer who acts with the motive of avoiding accommodation may violate Title VII even if he has no more than an unsubstantiated suspicion that accommodation would be needed.

That’s right, Antonin Scalia.

Admittedly, this becomes more explicable when you find out that it was a religious discrimination claim, rather than a claim based on racial or sex discrimination. Only Thomas — revisiting his days as EEOC chair — dissented from the judgment. But, still, congrats to A&F for engaging in practices even Antonin Scalia can’t defend under the Civil Rights Act.

…Irin Carmon has more.

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