Wednesday, June 03, 2015

Abercrombie: Wierd

So now, "intent" is no longer a pre-requisite for guilt under the Civil Rights Act.  Maybe.

Scalia et. al. twisted Jesuitically to arrive at that conclusion.

"...An employer who has actual knowledge of the need for an accommodation does not violate Title VII by refusing to hire an applicant if avoiding that accommodation is not his motive. Conversely, 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 Court apparently concluded that Abercrombie's dress-rules were motivated by anti-Muslim animus.

Thomas disagrees.

"...I adhere to what I had thought before today was an undisputed proposition: Mere application of a neutral policy cannot constitute 'intentional discrimination.'..."

It is certainly the case that Catholic schools "intentionally discriminate" against same-sex "married" teachers.  Soon, we'll be able to find out if that religious thing trumps the Civil Rights Act.

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