Supreme Court Sides with Muslim Woman Wearing Head Scarf

Posted Wednesday, June 3, 2015 by Andrew Charles Huff

The U.S. Supreme Court ruled in favor of a young Muslim woman who sued Abercrombie & Fitch for discrimination after being denied a sales job because she wore a head scarf for religious reasons. The Supreme Court, in an 8-1 decision, backed Samantha Elauf, who had been rejected under Abercrombie’s sales staff “look policy” after coming to her job interview wearing the head scarf, or hijab, used by many Muslim women.

The Supreme Court had to decide whether Elauf was required to ask for a religious accommodation to allow her to wear the scarf in order for the company to be sued under the 1964 Civil Rights Act, which among other things bans employment discrimination based on religious beliefs and practices. Despite wearing the head scarf, she did not specifically say that, as a Muslim, she wanted the company to give her a religious accommodation.

In an opinion by Justice Antonin Scalia, the court said Elauf only had to show that her need for an accommodation was a motivating factor in Abercrombie’s decision not to hire her.