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

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

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Conference of March 15, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-86	10th Cir.	Feb 25, 2015 Tr.Aud.	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.

Victory for religious rights in the workplace: In Plain English (Amy Howe)
A “view” from the Courtroom: Elonis and other June 1 decisions (Mark Walsh)
Opinion analysis: New shield against religious bias (Lyle Denniston)
Looking for a workable rule: Today's argument in Plain English (Amy Howe)
Argument analysis: Plucking simplicity out of complexity (Lyle Denniston)
Court to consider accommodations for religiously devout employees: In Plain English (Amy Howe)
Argument preview: Faith and a workplace dress code (Lyle Denniston)
Petition of the day (Maureen Johnston)

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

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This Week at the Court
The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices hear oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices hear oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- BNSF Railway Company v. Loos A railroad’s payment to an employee for working time lost due to an on-the-job injury is taxable “compensation” under the Railroad Retirement Tax Act.
- Fourth Estate Public Benefit Corp. v. Wall-Street.com Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.
- Rimini Street Inc. v. Oracle USA Inc. A federal district court’s discretion to award “full costs” to a party in copyright litigation pursuant to 17 U. S. C. §505 is limited to the six categories specified in the general costs statute codified at 28 U. S. C. §§1821 and 1920.
- Garza v. Idaho The presumption of prejudice for Sixth Amendment purposes recognized in Roe v. Flores-Ortega applies regardless of whether a defendant has signed an appeal waiver.
- Jam v. International Finance Corp. The International Organizations Immunities Act of 1945 affords international organizations the same immunity from suit that foreign governments enjoy today under the Foreign Sovereign Immunities Act of 1976.
- Madison v. Alabama The Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime, but it may prohibit executing a prisoner who suffers from dementia or another disorder rather than psychotic delusions.
- Nutraceutical Corp. v. Lambert Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling.
- Yovino v. Rizo The U.S. Court of Appeals for the 9th Circuit erred when it counted as a member of the majority a judge who died before the court’s opinion in this case was filed.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 50

Cases decided 21

Summary reversals 4

Merits cases granted to date 75

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On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

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Cases argued	50
Cases decided	21
Summary reversals	4
Merits cases granted to date	75

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference