Donald Livingston Discusses Abercrombie EEOC Suit with Law360

Akin Gump partner Donald Livingston was quoted by Law360 for its article “Judges’ Split May Help EEOC Press Abercrombie Hijab Case” on a 10th Circuit split decision on the Equal Employment Opportunity Commission’s review request of a religious bias case against Abercrombie & Fitch Stores Inc. The case centered on the company’s decision not to hire a Muslim woman who had worn a head scarf to her job interview.

Livingston, a former EEOC general counsel, said the case could be interpreted as a sign that the Supreme Court should let the lower courts continue examining the issue of whether Title VII imposes liability in the absence of a request for religious accommodation. He did note, however, that eventually the Court will likely need to provide guidance: “The sharply diverging views of the judges on the 10th Circuit could demonstrate that this issue needs to be further considered by courts in other fact patterns before the Supreme Court takes the issue, but ultimately, it looks like an issue that will need to be decided by the Supreme Court.”