pdf

O’Melveny’s Karr Quoted in Law360 on Supreme Court Ruling on Disparate Treatment Claims

June 19, 2015 O’Melveny & Myers partner Adam Karr was quoted in the Law360 article, “Attorneys React to High Court's EEOC v. Abercrombie Ruling,” published June 1, 2015.  According to the article, the US Supreme Court ruled in EEOC v. Abercrombie & Fitch Stores Inc. that in order to prevail on a disparate treatment claims, a job applicant only has to show that her need for a religious accommodation was a motivating factor in the employer's decision, not that the employer had knowledge of the need.  Karr told Law360, "On the one hand, Abercrombie holds that employers may be held liable for ‘an unconfirmed suspicion’ about an applicant's religious practices, which suggests a greater need for employers to understand what the applicant's religion actually requires.  On the other hand, employers can face potential liability for religious discrimination if they pose questions to applicants about their religions.  It will take some time for the lower courts to sort through just how this will work in practice.”

Karr is a member of O'Melveny's Labor and Employment Practice Group and resides in the Firm’s Newport Beach and Los Angeles offices.