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Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.

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Docket No. Op. Below Argument Opinion Vote Author Term
14-86 10th Cir. Feb 25, 2015 Jun 1, 2015 8-1 Scalia OT 2014

Holding: To prevail in a disparate-treatment claim under Title VII of the Civil Rights Act of 1964, an applicant need show only that his need for an accommodation was a motivating factor in the employer’s decision, not that the employer actually knew of his need.

Judgment: Reversed and remanded, 8-1, in an opinion by Justice Scalia on June 1, 2015. Justice Alito filed an opinion concurring in the judgement. Justice Thomas filed an opinion concurring in part and dissenting in part.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 16 2014Application (13A1139) to extend the time to file a petition for a writ of certiorari from May 27, 2014 to June 26, 2014, submitted to Justice Sotomayor.
May 19 2014Application (13A1139) granted by Justice Sotomayor extending the time to file until June 26, 2014.
Jun 16 2014Application (13A1139) to extend further the time from June 26, 2014 to July 25, 2014, submitted to Justice Sotomayor.
Jun 17 2014Application (13A1139) granted by Justice Sotomayor extending the time to file until July 25, 2014.
Jul 25 2014Petition for a writ of certiorari filed. (Response due August 27, 2014)
Aug 27 2014Brief amici curiae of Religious Organizations filed.
Aug 27 2014Brief of respondent Abercrombie & Fitch Stores, Inc. in opposition filed.
Sep 10 2014Reply of petitioner Equal Employment Opportunity Commission filed.
Sep 10 2014DISTRIBUTED for Conference of September 29, 2014.
Oct 2 2014Petition GRANTED.
Oct 9 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including November 26, 2014.
Oct 9 2014The time to file respondent's brief on the merits is extended to and including January 15, 2015.
Nov 17 2014Order further extending time to file the joint appendix and petitioner's brief on the merits to and including December 3, 2014.
Nov 17 2014Order further extending time to file respondent's brief on the merits to and including January 21, 2015.
Dec 3 2014Joint appendix filed. (Statement of costs filed.)
Dec 3 2014Brief of petitioner Equal Employment Opportunity Commission filed.
Dec 9 2014Brief amicus curiae of Umme-Hani Khan filed.
Dec 10 2014Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Dec 10 2014Brief amici curiae of American Jewish Committee, et al. filed.
Dec 10 2014Brief amicus curiae of American-Arab Anti-Discrimination Committee, et al. filed.
Dec 10 2014Brief amici curiae of National Jewish Commission on Law and Public Affairs, et al. filed.
Dec 10 2014Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed.
Dec 10 2014Brief amici curiae of Fifteen Religious and Civil Rights Organizations filed.
Dec 10 2014Brief amici curiae of Arizona, et al. filed.
Dec 10 2014Brief amicus curiae of The Council on American-Islamic Relations filed.
Dec 22 2014SET FOR ARGUMENT ON Wednesday, February 25, 2015
Dec 22 2014Record requested from U.S.C.A. 10th Circuit.
Dec 30 2014Record received from U.S.C.A. 10th Circuit. The record is electronic and located on PACER, also received 1-Box of pleadings in the case.
Jan 7 2015CIRCULATED.
Jan 21 2015Brief of respondent Abercrombie & Fitch Stores, Inc. filed. (Distributed)
Jan 28 2015Brief amicus curiae of Equal Employment Advisory Council filed. (Distributed)
Jan 28 2015Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. (Distributed)
Jan 28 2015Brief amici curiae of The National Conference of State Legislatures, et al. filed. (Distributed)
Jan 28 2015Brief amicus curiae of Cato Institute filed. (Distributed)
Feb 18 2015Reply of petitioner Equal Employment Opportunity Commission filed. (Distributed)
Feb 25 2015Argued. For petitioner: Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Shay Dvoretzky, Washington, D. C.
Jun 1 2015Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Thomas, J., filed an opinion concurring in part and dissenting in part.
Jul 6 2015JUDGMENT ISSUED.
Jul 21 2015Record from U.S.C.A. 10th Circuit has been returned.