The U.S. Supreme Court on Monday ruled in favor of a Muslim woman who sued after being denied a job at an Abercrombie & Fitch Co(ANF.N) clothing store in Oklahoma because she wore a head scarf for religious reasons.
On a 8-1 vote, the court handed a victory to the U.S. Equal Employment Opportunity Commission (EEOC), a federal agency that sued the company on behalf of Samantha Elauf. She was denied a sales job in 2008 at an Abercrombie Kids store in Tulsa when she was 17.
The legal question before the court was whether Elauf was required to ask for a religious accommodation in order for the company to be sued under the 1964 Civil Rights Act, which, among other things, bans employment discrimination based on religious beliefs and practices.
The court, in an opinion by Justice Antonin Scalia, ruled that Elauf needed only to show that her need for an accommodation was a motivating factor in the employer's decision.
"A request for accommodation ... may make it easier to infer motive, but it is not a necessary condition of liability," Scalia wrote.
Justice Clarence Thomas was the sole dissenter. He said that "mere application of a neutral policy" should not be viewed as discrimination.
Elauf was wearing a head scarf, or hijab, at the job interview but did not specifically say that, as a Muslim, she wanted the company to give her a religious accommodation.
The company denied Elauf the job on the grounds that wearing the scarf violated its "look policy" for members of the sales staff, a policy intended to promote the brand's East Coast collegiate image.
Muslim groups said in a friend-of-the-court brief in support of Elauf that employment discrimination against Muslims is widespread in the United States. Often, the act of a woman wearing a head scarf is what triggers the discrimination, according to the brief. The EEOC has reported that Muslims file more employment claims about discrimination and the failure to provide religious accommodations than any other religious group.
Groups representing Christians, Jews and Sikhs also filed court papers backing Elauf.
The case involving a young Muslim woman alleging workplace discrimination in the American heartland was decided by the top U.S. court at a time when some Western nations are struggling with culture clashes relating to accommodating local Islamic populations. The United States has not, however, faced the same tensions as some European countries including France.
The case is EEOC v. Abercrombie & Fitch, U.S. Supreme Court, No.14-86.
__________________
LawyerLady
I can explain it to you, but I can't understand it for you.
I don't care about the head scarf. As long as the face isn't covered.
There is a girl graduating next year who has worn one her whole school career. I kind of feel bad for her. I never see her talking to anyone.
__________________
A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
The defense seemed convoluted. They were not made aware of the religous requirement was the defense. However they assumed she would wear the scarf when she worked.
In the mid 90's A&F tried to recruit me when I worked at a competitor. I have seen the look book. They didn't hire her because she had the headscarf on. There is no defense and they knew it.
Back in the day, if you walked into the store and asked for an application, you wouldn't get hired. They only hired poeple who shopped in the store, who already looked like the look book. They handed you an application and wrote the manager's name on top of it so they knew you were "pre-screened". This way they got people who looked like the book. People who didn't have a pre-screened application didn't get interviewed. Ever.
__________________
Out of all the lies I have told, "just kidding" is my favorite !
As long as the person's face is not hidden, I agree with the ruling. A head scarf is a religious draping. It's no different than a Jew's yarmulke or a Christian's crucifix if they choose to wear one. Religious items should always be allowed as long as it's not a danger to the person (a Rosary might not be the best idea for a machine operator) or doesn't hide them from identification.
A&F was being short sighted. Don't they see there are more and more teens wearing scarves? It would behoove them to hire teens sporting the scarf while wearing A&F clothing.
__________________
Sometimes you're the windshield, and sometimes you're the bug.
Groups representing Christians, Jews and Sikhs also filed court papers backing Elauf.
____________________________________________________________________
kudos to these people--they understand freedom of religion / religious discrimination
__________________
" the only thing necessary for the triumph of evil is for good men to do nothing. "--edmund burke
Groups representing Christians, Jews and Sikhs also filed court papers backing Elauf. ____________________________________________________________________
kudos to these people--they understand freedom of religion / religious discrimination
Yes.
__________________
LawyerLady
I can explain it to you, but I can't understand it for you.
