Second Circuit Clarifies Standard for Religious Discrimination Claims

Short summary

The Second Circuit ruled that employees must show an adverse employment decision was motivated by the employer's desire to avoid a religious accommodation, adopting the Supreme Court's 2015 Abercrombie & Fitch test. The court vacated a district court ruling in Bergin v. New York State Unified Court System, which had applied an older prima facie standard. The case involves a court officer terminated for refusing COVID-19 vaccination on religious grounds.

• •Second Circuit adopts Abercrombie & Fitch prima facie test for religious accommodation claims under Title VII
• •Employee must show employer's desire to avoid accommodation was a motivating factor in adverse action
• •Case remanded involving court officer terminated for refusing COVID-19 vaccine on religious grounds

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