• The individual has acted inconsistently with the stated belief;
• The requested accommodation is particularly beneficial and
could be sought for secular purposes;
• The timing of the request for accommodation is suspicious
(e.g., right after the request had been previously denied); or
• There are other circumstances casting doubt on sincerity.
There is No Requirement of Clear
Notice of the Religious Belief
This past summer, the Supreme Court ruled against retailer
Abercrombie & Fitch, which refused to hire a woman who wore
a headscarf that did not comply with the company’s dress code.
When she was interviewed, she did not say why she wore the
headscarf, and she was not asked if it was due to her religious
beliefs. In an 8-1 decision, the Supreme Court ruled that it did
not matter that the employer “did not know” the employee
had a religious belief or practice that needed an accommodation and that there was no requirement for an employee to
make a specific request for a religious accommodation. Instead,
an employer is liable for religious discrimination if it makes an
adverse employment action when it has reason to suspect that
there is a religious basis for the person’s conduct.
In this particular case, even though \