Did retailer Abercrombie & Fitch discriminate against a Muslim woman who was denied a job because her headscarf clashed with the company's dress code?
That is one of the questions the Supreme Court will take on in its new term, which begins today, October 6, 2014.
In the Abercrombie dispute, the Equal Employment Opportunity Commission sued the retailer after it refused to hire Samantha Elauf at a Tulsa, Oklahoma, store in 2008 because her Muslim hijab conflicted with the company's "look policy." The policy was described at the time as a "classic East Coast collegiate style."
A federal judge initially sided with the EEOC, but the 10th U.S. Circuit Court of Appeals reversed, saying Elauf never directly informed her interviewer she needed a religious accommodation, even though she was wearing the headscarf during her interview.
Government lawyers say the appeals court ruling undercuts legal protections for religious practices because it unfairly places the entire the burden to raise the issue with job applicants who often aren't aware of a potential conflict.
Abercrombie, which has faced slumping sales and could face negative publicity in the case, has pressed on with its defense, saying it was Elauf's obligation to explain any special needs based on her religion. The company argues that job applicants "are not permitted to remain silent and to assume that the employer recognizes the religious motivations behind their fashion decisions."
Abercrombie has settled two other EEOC discrimination lawsuits over the same issue and it changed its "look policy" four years ago to allow its workers to wear hijabs.
Copyright 2014 The Associated Press.
Comments
Valid outlook...
It seems like we are gradually getting away from what the country was built upon. It seems as though laws are being established to regulate the citizens when, in reality, laws were actually established to regulate the government. Our founding fathers built this country up freedom. Because our rights are slowly being stripped away, we are so worried about what other people think and what kind of consequences are involved. For example, this blog and these dialogues are a great tool to exercise our freedom of speech. We all have different view points. We need to make sure that we focus on bringing back what this country truly represents.
Another view point
Another aspect that I was thinking about is what this shows young females that hear about this. Not one human being is alike. This can be related to the thought of why am I not good enough? In this young females situation it was her religion or her beliefs in a way. For other females it could be something like a few of you mentioned not skinny enough or pretty enough. I am thinking about what a bad example this is setting for our young females. At this age when one usually shops at A&F, is an important time to instill good values and if one gets discriminated against because of their looks or style, that isn't what we should be teaching a young person.
Beliefs are established early...
I was doing something thinking this week and I thought about this specific situation and I was thinking about what how our belief system is established at a young age and as we experience life. Could the manager that fired the young lady have beliefs that were established as life progressed, in turn, had a stereotype towards Muslim people? Did that influence his/her decision to fire her? I'm not quite sure and I don't think we will ever find out. I believe that there should have been a middle ground that the employee and management could have met at.
It's life
Yes, I do feel bad that she could not get the job because she didn't have the right look for the company but this happens all throughout life. For example in acting, they are looking for a certain look. In some sports you have to be a certain height or weight and if you are doing any sort of TV presenting, you have to be good to look at. This happens all the time in society. I think she knew before going into the interview that she wouldn't fit the look but I'm unsure of whether she continued anyway for publicity or to try and get the job anyway. I strongly believe she went into the interview knowing that this would be an issue.
Either Or
This could be taken either way, I believe that she has a right to be upset considering they didn't hire her do to her look. That is discrimination, but I don't feel that she should of went to the degree of suing then. I believe that no matter what race you are or what you where you go through some type of discrimination in your life. What happened in my opinion was not illegal.
Park 14!
I totally agree with you here! We do have a right for freedom in general. If I owned a store of my own I would only want the best employees working with and under me. These store have to keep a certain reputation in order to keep old and gain new customers. This girl was completely in the wrong, and we should through out similar cases immediately.
I agree if they have their
I agree if they have their own policy of workers dressing code, as long as they are not being disrespectful on people's religion I think it's acceptable.
I agree if they have their
I agree if they have their own policy of workers dressing code, as long as they are not being disrespectful on people's religion I think it's acceptable.
I agree if they have their
I agree if they have their own policy of workers dressing code, as long as they are not being disrespectful on people's religion I think it's acceptable.
Business owners
Small business owners never get questioned for the employed they hire/ don't except. This is because people let them do as they please, they don't have much money to take in the first place, and they have the right to pick and chose who they want. Large corporations do/should too! If this girl sees this as discrimination right now then she will never stop seeing negatives even if she did get the job, people would stare at her oddly, they would say she doesn't belong, and so on. The only reason this woman is filing a lawsuit is because she is a money beggar, gold digger, inappropriate baby. There is no reason she should force this company to hire her, there have been many in the past that haven't had "the look" and didn't get hired either. She needs to let it go.
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