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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