Employment Discrimination Can Exist Without Accommodation Requests

Employment Discrimination Can Exist Without Accommodation Requests

Controversial hiring practices based on appearance or other discriminatory bases are subject to penalization without accommodation requests, the Supreme Court ruled.

Justice Antonin Scalia said, “Title VII forbids adverse employment decisions made with a forbidden motive whether this motive derives from actual knowledge, a well-founded suspicion or merely a hunch.”

In his written decision, joined by six other justices, Scalia explained further that, “An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.”

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