Religious Discrimination Based on Employer Misperception

This Article addresses the circuit split over whether Title VII prohibits discrimination based on an employer\u27s misperception of an employee\u27s religion. This is an especially critical issue because misperception-based religious discrimination is likely to increase as the United States continues to experience unprecedented religious diversification. Some courts read Title VII narrowly to preclude such claims, reasoning that the statutory text only prohibits discrimination based on an individual\u27s actual religion. Other courts interpret the statute more expansively in concluding such claims are cognizable because the employer\u27s intent is equally malicious in misperception and conventional discrimination cases. I argue that the statutory text is ambiguous, but the legislative history, EEOC guidance, and the broader federal antidiscrimination regime all support recognition of misperception-based religious discrimination claims under Title VII. The Supreme Court\u27s recent decision in EEOC v. Abercrombie & Fitch Stores, Inc. further confirms the validity of such claims, as the Court held that Title VII liability is premised on an employer\u27s discriminatory motive, not its actual knowledge of an individual\u27s religious practices. Thus, if an employer\u27s motive is the touchstone for liability, it matters not whether an employer accurately perceives an employee\u27s religion, so long as religion motivates the adverse employment decision