Supreme Court: Abercrombie And Fitch Wrong To Deny Muslim Woman A Job

(RTTNews) - The U.S. Supreme Court has ruled in favor of a Muslim woman who sued apparel retailer Abercrombie & Fitch Co. (ANF) for refusing to hire her because she wore a head scarf.

The court ruled 8-1 that an employer may not refuse to hire an applicant if the employer was motivated by avoiding the need to accommodate a religious practice. Such behavior violates the prohibition on religious discrimination contained in Title VII of the Civil Rights Act of 1964.

The case arose in 2008 when Samantha Elauf, then a 17-year old teenager who wore a black headscarf or hijab as part of her Muslim faith, applied for a job at Abercrombie & Fitch in her hometown of Tulsa, Okla. She was denied hire for failing to conform to the company's "Look Policy," which Abercrombie claimed banned head coverings.

Elauf then filed a charge with the U.S. Equal Employment Opportunity Commission (EEOC), alleging religious discrimination. Based on Elauf's charge, the EEOC filed suit against Abercrombie & Fitch in a district court alleging that Abercrombie refused to hire Elauf due to her religion, and that it failed to accommodate her religious beliefs.

The district court jury subsequently awarded Elauf damages for the discrimination. Meanwhile, Abercrombie appealed and a divided panel of the U.S. Court of Appeals for the Tenth Circuit ruled for Abercrombie, saying the company was not on sufficient notice of Elauf's religious practice.

Later, the U.S. Solicitor General, who conducts all EEOC litigation at the Supreme Court, asked the court to hear the EEOC's case.

"I was a teenager who loved fashion and was eager to work for Abercrombie & Fitch," said Elauf. "Observance of my faith should not have prevented me from getting a job. I am glad that I stood up for my rights, and happy that the EEOC was there for me and took my complaint to the courts."

Elauf added that, "I am grateful to the Supreme Court for today's decision and hope that other people realize that this type of discrimination is wrong and the EEOC is there to help."