Employer Law Blog

The Supreme Court recently ruled in E.E.O.C. v. Abercrombie & Fitch Stores, that a job applicant only had to show that the need for a religious accommodation was a motivating factor in the prospective employer's decision to not hire the applicant in order to prove a violation of Title VII of the Civil Rights Act, and not that the employer had actual knowledge of the applicants need for an accommodation based upon one's religious practice. Title VII prohibits a prospective employer from refusing to hire a applicant because of the applicant's religious practice when the practice could be accommodated without undue hardship.

On March 17, 2015, the Illinois Appellate Court (First District, Second Division) issued an Opinion which was interesting because it gave life to the often-cited covenant of good faith and fair dealing in a contract. While this so-called covenant is often mentioned and discussed, few cases actually operationalize the concept, and rarely does a case base a cause of action on the covenant.