The U.S. Supreme Court recently addressed a case regarding a Muslim woman’s right to have her religious practices accommodated under Title VII of the Civil Rights Act of 1964. In a much anticipated, and in many ways, surprising decision, the high court decided the hiring practices of the popular retail clothing company Abercrombie & Fitch violated Title VII. The case, EEOC v. Abercrombie & Fitch Stores, No. 14-86, was decided June 1. Unfortunately, this is not the first time Abercrombie’s employment and hiring practices made headlines. (See “A&F to Pay $50 Million to Settle Race, Sex Bias Claims,” published in The Legal on Nov. 15, 2004.)

ABERCROMBIE’S ‘LOOK POLICY’

According to the recent Supreme Court decision, the U.S. Equal Employment Opportunity Commission sued Abercrombie on behalf of applicant Samantha Elauf, claiming that its refusal to hire Elauf because she wore a headscarf (also known as a hijab) to her job interview constituted religious discrimination. Elauf applied for a position in an Abercrombie store and was interviewed by the store’s assistant manager. Though Elauf was given a rating that qualified her to be hired, the manager expressed concern that Elauf’s headscarf would conflict with the store’s “Look Policy.” Consistent with the image Abercrombie seeks to project for each store, the suit alleged the company imposes the “Look Policy” to govern its employees’ dress. Among other things, the “Look Policy” prohibits “caps” as too informal for Abercrombie’s desired image. Without any discussion with Elauf about her headscarf or her religious practices, Abercrombie refused to hire her.

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