The Supreme Court said Thursday it will consider whether retailer Abercrombie & Fitch discriminated against a Muslim woman who was denied a job because her headscarf conflicted with the company's dress code, which the clothing chain has since changed.
The justices agreed to hear the Obama administration's appeal of a lower court decision that ruled the New Albany, Ohio-based company did not discriminate because the job applicant did not specifically say she needed a religious accommodation.
At issue is how employers must deal with laws that require them to make allowances for a worker's religious practices, as long as doing so does not cause the business too much hardship.
A federal judge initially sided with the Equal Employment Opportunity Commission, which sued on behalf of Samantha Elauf. The agency alleged Elauf wasn't hired at a Tulsa, Oklahoma, store because her hijab violated Abercrombie's "look policy," described at the time as a "classic East Coast collegiate style."
But the 10th U.S. Circuit Court of Appeals reversed that decision. The appeals court said Elauf never directly informed her interviewer she needed a religious accommodation, even though she was wearing the headscarf during her interview. |
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