News / Human Rights

US Supreme Court to hear case of Muslim woman denied job due to hijab

Monday, 23 February 2015 2:50 AM [ Last Update: Monday, 23 February 2015 3:30 AM ]

Samantha Elauf says Abercrombie & Fitch refused to hire her because she wears a head scarf for religious reasons.

The US Supreme Court plans to hear the case of a young Muslim woman Wednesday who says the Abercrombie & Fitch clothing retail company illegally denied her a job because she observes the Islamic hijab.

The clothing store argued that its store policy bans sales employees from wearing "caps" of any type, and that Samantha Elauf, then 17, should have made clear in her 2008 interview that she needed a religious accommodation.

The Equal Employment Opportunity Commission (EEOC), a federal law enforcement agency that enforces laws against workplace discrimination, filed a complaint on behalf of Elauf against Abercrombie & Fitch, saying she is protected by the 1964 Civil Rights Act.

A federal district court in Tulsa, Oklahoma sided with Elauf and EEOC in the case, but she lost on appeal when the 10th US Circuit Court of Appeals in Denver, Colorado agreed with Abercrombie.

The appeals court ruled that the 1964 Civil Rights Act only protects employees who provide "explicit notice of the need for a religious accommodation." Under the act, no one can be refused employment based on their religion, unless the employer cannot accommodate the person's religious beliefs without adversely affecting business.

The US Supreme Court strongly criticized the appeals court decision, warning it "will lead to irrational results in other cases as well." A decision by the high court is expected in June.

The case has received support from religious rights groups and the Obama administration. Cases involving complaints of religious discrimination have more than doubled in the past 15 years, according to the EEOC.

AHT/GJH

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