In a guest column for The Tuscaloosa News, Vice Dean James Leonard argues the U.S. Supreme Court’s recent Abercrombie & Fitch decision provides no clear guidance for employers about their obligations.
“To avoid liability, employers must now initiate a dialogue with job applicants whenever there is a mere suggestion that a religiously mandated accommodation is needed. Is there anything wrong with this approach? Not always. Discussions could begin in religiously neutral terms. Interviewers might ask whether applicants can comply with essential job functions such as following a dress code. Further discussion might lead to a mutually satisfactory arrangement.
“When the parties cannot agree, however, religion has already entered the conversation in ways that pose risks for the employer. Even broaching the subject might become evidence of bias by the employer in later litigation.”
For more, read “Abercrombie Decision Has No Clear Guidelines.”
