By: Molly Hopkins
In a 8-1 decision the Supreme Court of the United Status ruled that Samantha Elauf was unjustly discriminated against for wearing a Muslim headscarf. Elauf sued Abercrombie and Fitch when they failed to hire her because she wore a headscarf in observance of her religion. The retailor argued that the hijab did not fit the company's dress code. Abercrombie and Fitch contended that Elauf could not succeed without first proving that they had "actual knowledge" of her religious accommodation. The Court disagreed with this argument and sent the case back down to the lower court.
Elauf was not informed during her interview that hijabs were not allowed via dress code. Some things mentioned were: no nail polish, black clothing, or heavy makeup. The employee that interviewed Elauf sought approval from her manager. The manager then said that the hijab was inconsistent with the look policy that bans head gear. Abercrombie and Fitch has reason to believe the hijab was religious and the Court believes that this means they should have accommodated accordingly.
The Equal Employment Opportunity Commission filed suit on Elauf's behalf. The case is the latest challenge to protect VII Amendment rights. The Court's decision is important because it can change the way other retailer's go about their company dress codes. The ruling means that individuals will not have to make a decision between their religion and their job. This is a big step for the acceptance of diversity and minority faith communities.
In a 8-1 decision the Supreme Court of the United Status ruled that Samantha Elauf was unjustly discriminated against for wearing a Muslim headscarf. Elauf sued Abercrombie and Fitch when they failed to hire her because she wore a headscarf in observance of her religion. The retailor argued that the hijab did not fit the company's dress code. Abercrombie and Fitch contended that Elauf could not succeed without first proving that they had "actual knowledge" of her religious accommodation. The Court disagreed with this argument and sent the case back down to the lower court.
Elauf was not informed during her interview that hijabs were not allowed via dress code. Some things mentioned were: no nail polish, black clothing, or heavy makeup. The employee that interviewed Elauf sought approval from her manager. The manager then said that the hijab was inconsistent with the look policy that bans head gear. Abercrombie and Fitch has reason to believe the hijab was religious and the Court believes that this means they should have accommodated accordingly.
The Equal Employment Opportunity Commission filed suit on Elauf's behalf. The case is the latest challenge to protect VII Amendment rights. The Court's decision is important because it can change the way other retailer's go about their company dress codes. The ruling means that individuals will not have to make a decision between their religion and their job. This is a big step for the acceptance of diversity and minority faith communities.