Washington – A Muslim woman denied a sales job at an Abercrombie & Fitch Co clothing store in Oklahoma because she wears a head scarf has won the support of Christians, Jews, Sikhs and fellow Muslims as the U.S. Supreme Court prepares to hear her case.
Subscribe to our Daily Roundup Email
Various religious and civil rights organizations have filed friend-of-the-court briefs backing Samantha Elauf, who was denied a sales job at the store in Tulsa in 2008 when she was 17.
Their lawyers say employees should not have to ask specifically for a religious accommodation in order to be protected under the 1964 Civil Rights Act, which, among other things, bans employment discrimination based on religious beliefs and practices.
The Supreme Court is due to hear a one-hour oral argument in the case on Wednesday, with a ruling due by the end of June.
Elauf was wearing a head scarf, or hijab, at her 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.
The religious groups that have filed court papers with the justices support the argument being made on Elauf’s behalf by the U.S. Equal Employment Opportunity Commission.
A federal district judge ruled in favor of Elauf and the government, but in an October 2013 ruling the Denver-based 10th U.S. Circuit Court of Appeals found that she was required to ask for an accommodation.
One brief, filed by Jewish groups, noted that one of the law’s purposes was to protect Orthodox Jews, who cannot work from sundown Friday to nightfall on Saturday, in addition to various Jewish holidays.
In a separate brief, the American-Arab Anti-Discrimination Committee and other Muslim organizations cite what they call “pervasive employment discrimination” against Muslims. The wearing of hijab has been recognized by the government as a protected religious practice, the brief said.
Christian organizations that weighed in include the General Conference of Seventh-day Adventists and the National Association of Evangelicals.
Abercrombie has the backing of business groups, including the U.S. Chamber of Commerce. The company has faced other lawsuits including one in which it agreed in 2004 to pay $40 million to several thousand minority and female plaintiffs who had accused the company of discrimination.
The case is EEOC v. Abercrombie & Fitch, U.S. Supreme Court, No. 14-86.
Just remember that the Supreme Court denied to hear the case for rubashkin but a Muslim woman who didn’t get a job, that’s important!
If she would be working in a bank – would you go her to open an account, give her your ss number, excess to all your money?
If she would work in Arab neighborhood – that would be a normal claim, but in many places – scarf makes people very nervous!
I don’t understand why a devout Muslim would work in a store like AF in the first place. That place is so tumadik. Ditto for an Orthodox Jew. It does not even make sense. If a company or employer is looking for a certain type, and I don’t culturally fit the bill, I can understand their not wanting me. She must be very naïve.
Where I worked we had dress codes and if you didn’t want to follow their codes you should not work there.