The Equal Employment Opportunity Commission (EEOC) v. Abercrombie & Fitch Stores, Inc. was a United States Supreme Court case in which the EEOC alleged that Abercrombie & Fitch had violated Title VII of the Civil Rights Act of 1964 by refusing to hire a Muslim woman because she wore a hijab (headscarf) to her job interview. The EEOC argued that this constituted religious discrimination, and the Supreme Court agreed. In its ruling, the Court held that an employer cannot refuse to hire an applicant based on their religious beliefs or practices unless the employer can demonstrate that accommodating the applicant’s religious beliefs or practices would impose an undue hardship on the employer’s business. The Court also held that an employer cannot make an applicant’s religious beliefs or practices a factor in the hiring decision unless the employer can show that the applicant’s beliefs or practices would interfere with the job.

https://en.wikipedia.org/wiki/Equal_Employment_Opportunity_Commission_v._Abercrombie_%26_Fitch_Stores#Equal Employment Opportunity Commission V Abercrombie & Fitch Stores Inc

2015 United States Supreme Court case
Commission on Equal Employment Opportunity v. Abercrombie & Fitch stores

Argued on February 25, 2015
Decided on June 1, 2015
Case full name Commission on Equal Employment Opportunity v. Abercrombie & Fitch Stores, Inc.
Precedent No. 14-86
quotes 575 WE 768 (more)

135 S.Ct. 2028; 192 LED. 2d 35
case history
Prior 798 F. 2d 1272 (ND Okla. 2011); inverted, 731 F.3d 1106 (10th Cir. 2013); certificate. Granted, 135 S. Ct. 44 (2014).
containment
To prevail on a Title VII unequal treatment claim, the claimant need only show that his need for accommodation was a motivating factor in the employer’s decision, not that the employer was aware of his need.
court member
Chief Justice
John Roberts
Associate Judges
Antonin Scalia · Anthony Kennedy
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
case opinions
Majority Scalia, accompanied by Roberts, Kennedy, Ginsburg, Breyer, Sotomayor, Kagan
Competition Alito (on trial)
Agree/Disagree thomas
applied laws
Title VII of the Civil Rights Act of 1964

Commission on Equal Employment Opportunity v. Abercrombie & Fitch stores575 US 768 (2015), was a United States Supreme Court case concerning a muslim american woman, Samantha Elauf, who was refused a job at Abercrombie & Fitch in 2008 because he wore a headscarf, which conflicted with the company’s dress code. The United States Supreme Court decided 8-1 in favor of Elauf on 1 June 2015.

Background

In 2008, Elauf, then 17, applied for a job at the Abercrombie & Fitch store in tulsa, oklahoma. During the interview with the company, she wore a scarf on her head, but did not say why. The woman who interviewed her, Heather Cooke, was initially impressed with Elauf but also concerned about the headscarf. Cooke told the store manager that she thought Elauf was wearing the scarf for religious reasons, but the manager responded that employees were not allowed to wear hats to work, and therefore refused to hire her.

In 2009, the Equal Employment Opportunity Commission sued Abercrombie & Fitch on behalf of Elauf. This led to a lawsuit in federal district court that resulted in Elauf being awarded $20,000 in damages. However, this decision was later reversed by the US 10th Circuit Court of Appealswhich ruled in favor of Abercrombie & Fitch based on Elauf’s failure to provide the company with information about her need for accommodation.

Court Opinion

On June 1, 2015, the Supreme Court ruled 8–1 in favor of Elauf. in opinion of Associate Justice Antonin Scaliathe Court held that Elauf did not need to explicitly request an accommodation to obtain protection against Title VII of the Civil Rights Act of 1964that forbids religious discrimination in hiring.

Justice Samuel Alito wrote an opinion concurring with the judgment, stating that the evidence of Abercrombie’s knowledge of Elauf’s religious practice was reason enough to rule against Abercrombie. Justice Clarence Thomas partially agreed and partially disagreed. Thomas agreed with the majority interpretation that Title VII protects against “intentional discrimination” against a particular religious group, but felt that Abercrombie really did not engage in this here because its dress code was a religion-neutral policy that affected all potential candidates. This decision revived the lawsuit that Elauf had brought against the company.

References

External Links


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