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Supreme Court Weighs In on Religious Discrimination and Against Abercrombie

Yesterday, the Supreme Court released its opinion in EEOC v. Abercrombie & Fitch Stores, Inc. The case involved the Equal Employment Opportunity Commission bringing a religious discrimination lawsuit against the national retailer, under Title VII.

Samantha Elauf, a 17-year-old Muslim, applied for a position at an Abercrombie store. During her interview, she wore a headscarf. The manager interviewing Elauf gave her high marks under Abercrombie's rating system, but expressed concern that Elauf's headscarf might conflict with Abercrombie's "Look Policy." The "Look Policy" specifically prohibited employees from wearing "caps," a term which is not defined. Even though the manager informed the district manager that she believed Elauf wore the headscarf for religious reasons, the district manager concluded that the headscarf violated the "Look Policy" and directed the manager not to hire Elauf.

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