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Daniel Snyder v. Arconic, Corp., a Delaware Corporation, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-3188 · judgment August 14, 2024


Certiorari denied · March 3, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Title VII of the Civil Rights Act of 1964 broadly SURKLELWVÀULQJDQHPSOR\HHEHFDXVHRIDQ\´DVSHFW>@RI religious observance and practice,” unless the employer shows that reasonably accommodating that practice would LPSRVHDQ´XQGXHKDUGVKLSµSee 42 U.S.C. §§ 2000e-2(a)  H M 7KDWPHDQV´>D@QHPSOR\HUPD\QRWPDNHDQ >LQGLYLGXDO·V@UHOLJLRXVSUDFWLFHFRQÀUPHGRURWKHUZLVHD factor in employment decisions,” without showing undue hardship. E.E.O.C. v. Abercrombie & Fitch Stores, Inc., 575 U.S. 768, 773 (2015). In this case, the court of appeals and district court held that Daniel Snyder failed to establish a prima facie case DVDPDWWHURIODZZKHUHKHZDVÀUHGIRUPDNLQJDVLQJOH VWDWHPHQWWKHHPSOR\HU´FRQFHGH>G@ZDVUHOLJLRXVO\ motivated.” App.21a. Both courts held that Mr. Snyder failed to additionally VKRZ KH KDG D ´UHOLJLRXV EHOLHI WKDWFRQÁLFWVZLWKDQHPSOR\PHQWUHTXLUHPHQWµDQGWKH district court held he failed to provide a priori notice of his religious expression. The courts reached these conclusions by applying a pre-Abercrombie a-textual judicial test for adjudicating claims of failure to accommodate religious practice. 7KHTXHVWLRQSUHVHQWHGLV :KHWKHUÀULQJDQHPSOR\HHEHFDXVHRIH[SUHVVLRQWKH HPSOR\HUXQGHUVWDQGVLVUHOLJLRXVO\PRWLYDWHGVXIÀFHVWR constitute a prima facie case under Abercrombie.

Counsel of record

For petitioner
Thomas L. Brejcha
Thomas More Society

For respondent
Abbey Chun Furlong
Lane & Waterman LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Mar 03 2025
    Petition DENIED.
  2. Feb 12 2025
    DISTRIBUTED for Conference of 2/28/2025.
  3. Feb 12 2025
    Brief amicus curiae of Jewish Coalition for Religious Liberty filed. (Distributed)
  4. Feb 07 2025
    Waiver of right of respondent Arconic, Corp., et al. to respond filed.
  5. Feb 04 2025
    Brief amicus curiae of NC Values Institute filed.
  6. Jan 16 2025
    Letter of Daniel Snyder submitted.
  7. Jan 08 2025
    Petition for a writ of certiorari filed. (Response due February 12, 2025)