In February, the U.S. Supreme Court heard oral argument in an important case regarding employers’ obligations to accommodate employees’ religious practices under Title VII of the Civil Rights Act of 1964. Must the employer have actual knowledge that the applicant or employee requires a religious accommodation, or does a hunch suffice? And must that knowledge come from direct, explicit notice from the applicant or employee, or can it come from some other source? The justices will try to answer these questions in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, No. 14-86.
In 2008, a Muslim teen named Samantha Elauf applied to work at an Abercrombie Kids store in Oklahoma. Abercrombie & Fitch Stores Inc. requires its employees to comply with its “Look Policy,” which, greatly summarized, encourages its employees to present themselves in a manner that promotes its East Coast-collegiate brand. This policy prohibits employees from wearing black clothing and caps, and employees may be fired for failing to comply. Abercrombie maintains that the Look Policy is crucial to maintaining its preppy-casual image.
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