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E.E.O.C. v. ABERCROMBIE & FITCH STORES, INC.

No. 11-5110.

731 F.3d 1106 (2013)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. ABERCROMBIE & FITCH STORES, INC., an Ohio corporation, d/b/a Abercrombie Kids, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 1, 2013.

Attorney(s) appearing for the Case

Mark A. Knueve of Vorys, Sater, Seymour and Pease LLP, Columbus, OH, ( Daniel J. Clark and Joseph C. Fungsang of Vorys, Sater, Seymour and Pease LLP, Columbus, OH, and Jon E. Brightmire of Doerner, Saunders, Daniel & Anderson LLP, Tulsa, OK, with him on the briefs) for Defendant-Appellant.

James M. Tucker ( P. David Lopez , General Counsel, Carolyn L. Wheeler , Acting Associate General Counsel, Daniel T. Vail , Acting Assistant General Counsel, with him on the brief), of U.S. Equal Employment Opportunity Commission, Washington, D.C., for Plaintiff-Appellee.

Before KELLY, EBEL, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Abercrombie & Fitch ("Abercrombie") appeals from the district court's grant of summary judgment in favor of the Equal Employment Opportunity Commission ("EEOC") and the court's denial of summary judgment in favor of Abercrombie, on the EEOC's claim that Abercrombie failed to provide a reasonable religious accommodation for a prospective employee, Samantha Elauf, in contravention of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §...

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