Its prior rule, which required an employee to request an accommodation and did not expressly require a showing of employer motive, was abrogated by the Supreme Court in Abercrombie.
Vacating a district court’s grant of partial summary judgment in favor of an employee on her Title VII religious discrimination claim, the Second Circuit determined that the district court had failed to modify the prima facie test for failure-to-accommodate religion claims in light of the Supreme Court’s decision in EEOC v. Abercrombie & Fitch Stores, Inc., 575 U.S. 768 (2015). Post-Abercrombie, a plaintiff does not need to actually request an accommodation but does need to show that their need for an accommodation was a motivating factor in the employer’s decision. The appellate court also found that the district court had improperly deemed portions of the discovery record to be judicial admissions (Bergin v. New York State Unified Court System, No. 25-721 (2d Cir. July 15, 2026)).
Working as a court officer for the New York State Unified Court System, the employee was informed in September 2021 that she would be required to receive a COVID-19 vaccination or obtain a religious or medical exemption to remain at work.
Exemption review. When it began reviewing religious exemption requests, the employer realized that most applicants expressed concerns about fetal stem cells or the sanctity of their body. However, many of the objections did not provide sufficient information to adequately...
A UK woman who claimed that hip pain left her unable to walk, drive or work has been ordered to pay more than 6,000 after admitting to fraudulently claiming Statutory Sick Pay while working for ot...