Tag archives: job applicant

Headwinds and headscarves – Charting a prudent course for employers in the wake of EEOC v. Abercrombie & Fitch

On June 1, 2015, the Supreme Court of the United States, in EEOC v. Abercrombie & Fitch Stores, Inc., held that an employer need not have actual knowledge of the need for religious accommodation to be liable for a hiring decision if the employer refuses to accommodate a perceived need for a religious accommodation. The high court ruled that it is unlawful for an employer to refuse to hire an applicant if a “motivating factor” for the decision is the employer’s unwillingness to provide the applicant with an accommodation that the employer perceives the applicant needs for religious reasons.… Continue Reading

US Supreme Court rules against Abercrombie & Fitch in hijab case

On June 1, 2015, The Supreme Court of the United States ruled in an 8-1 decision that a retailer clothing chain’s failure to hire a job applicant who wore a hijab, or headdress, to her job interview violates federal law prohibiting discrimination based upon religious belief.

The case originated in 2008 after clothing retailer Abercrombie & Fitch declined to hire then 17-year-old Samantha Elauf as a sales associate, or “model” in Abercrombie & Fitch parlance. At that time the company had a strict dress code, or “Look Policy,” that prohibited “caps” – a term not defined in the Policy – … Continue Reading

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