On Monday, the U.S. Supreme Court ruled against Abercrombie & Fitch (A&F) for not hiring fashion blogger Samantha Elauf, a Muslim woman who wore a hijab (head veil) for religious purposes. The decision means A&F discriminated against Elauf in 2012 when they said she violated their “look policy” by wearing her hijab. She was 17 years old at the time and had applied for a job at their Tulsa, OK store. The case hinged on the federal law that says companies have to “reasonably accommodate” a worker’s religions or disabilities.
In a written opinion by Justice Antonin Scalia, the Supreme Court ordered that job applicants don’t need to reveal to employers that they need special accommodations based on their religious beliefs under Title VII of the Civil Rights Act of 1964. Scalia noted, “Abercrombie’s primary argument is that an applicant cannot show disparate treatment without first showing an employer had ‘actual knowledge’ of the applicant’s need for accommodation. We disagree.”
An example of this was written by the court, as such:
“Suppose that an employer thinks (though he does not know for certain) that a job applicant may be an orthodox Jew who will observe the Sabbath, and thus be unable to work on Saturdays. If the applicant actually requires an accommodation of that religious practice, and the employer’s desire to avoid the prospective accommodation is a motivating factor in his decision, the employer violates Title VII.”
The incident occurred when an A&F assistant manager thought Elauf would be a good candidate as a store “model” (sales associate). The assistant manager was not sure if Elauf was permitted to wear her hijab because of the brand’s look policy, so she asked her supervisor. The store manager said the hijab was not permitted even if it was worn for religious purposes.
The Equal Employment Opportunity Commission (EEOC) sued A&F on the behalf of Elauf and the Supreme Court agreed to take the case in October 2014. By December other groups such as the American Civil Liberties Union, American Jewish Committee and LGBTQ groups sent in briefs supporting Elauf’s case.
Since the EEOC filed this particular case, Abercrombie has updated its look policy to include hijabs but still is concerned that sales associates should accurately represent the A&F brand.