Happy June to you all. This is a short update on two things--me and the landmark Supreme Court ruling in the Abercrombie & Fitch matter.
First, as of today, I have become Of Counsel to Bartlett, McDonough & Monaghan. BMM has a deep bench in complex litigation, labor law, healthcare law, workers' compensation, and collective bargaining and I am thrilled to join the team. All of you know how insane class action employment litigation, including wage/hour claims, has gotten in the past year. In order to take on major cases, I needed to be part of a major firm. I will be resident in the Mineola office:
170 Old County Road, Mineola, New York 11501-4112
Office telephone: 516-877-2900
Office fax: 516-877-0732
Email: Ruth.Kraft@bmmllp.com
My cell phone remains 516-353-3306 and personal email used for business is ruth.kraft@gmail.com
The firm maintains offices in Suffolk, Westchester, Manhattan, Rockland, New Jersey and two offices in Florida to enable us to serve clients outside a limited geographic area. As many of you know, my practice is national in scope with current client representation in the mid-west, south and California.
Next, on to the law---
This morning, the Supreme Court resoundingly ruled that Abercrombie & Fitch's denial of employment to a Muslim, hijab-wearing teenager, could not be denied employment based on its "look policy" which bans headgear. This was a 8 to 1 decision, with only Justice Thomas in dissent. Justice Scalia, for the majority, wrote that an "employer who acts with the motive of avoiding accommodation may violate [Title VII] even if he has no more than an unsubstantiated suspicion that accommodation would be needed." The case has been remanded to the trial court level for further proceedings. This marks the third instance in which A&F has been sued over its headgear ban; during the course of this matter, it modified its employment policies to permit headscarves while continuing to pursue the case in court.
The moral: Don't assume anything. Don't wait for the job seeker to request an accommodation. You must actively engage with the individual or risk a lawsuit.