Judges' Split May Help EEOC Press Abercrombie Hijab Case

By Ben James (February 27, 2014, 9:19 PM EST) -- The Tenth Circuit's judges were evenly split this week on the U.S. Equal Employment Opportunity Commission's bid for a review of a religious bias case against Abercrombie & Fitch Stores Inc., a division lawyers say the agency could exploit in a high court petition.

The EEOC hasn't said whether it will file a petition for high court review in the closely watched religious discrimination case, in which the Tenth Circuit issued an order denying a rehearing request from the agency on Wednesday, but it noted that the polled judges were "split evenly" on whether an en banc rehearing was warranted.  ...

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