U.S. Supreme Court finds that Abercrombie & Fitch Violated Title VII When Refusing to Hire Applicant Wearing Religious Headscarf

On June 1, 2015, the U.S. Supreme Court issued its decision in EEOC v. Abercrombie & Fitch Stores, Inc. No. 14-86. The Court reversed the decision of the Tenth Circuit Court of Appeals and held that the retailer violated Title VII when it refused to hire a job applicant who wore a headscarf consistent with her religion.

The case is based on an EEOC complaint filed on behalf of Samantha Elauf. Ms. Elauf is a practicing Muslim who wears a headscarf consistent with her understanding of her religion’s requirements. She was interviewed for a position at Abercrombie & Fitch. The store’s assistant manager found her to be qualified, but was unsure whether Ms. Elauf’s headscarf would conflict with the store’s “Look Policy,” which prohibited “caps.” The assistant manager sought guidance from the district manager and told him that she believed Ms. Elauf wore the headscarf because of her faith. The district manager directed the assistant manager not to hire Ms. Elauf because the headscarf would violate the “Look Policy.” The District Court granted the EEOC summary judgment, which was reversed by the Tenth Circuit Court of Appeals. The Appeals Court concluded that ordinarily an employer cannot be liable under Title VII for failing to accommodate a religious practice unless the applicant (or employee) provides the employer with actual knowledge of his or her need for an accommodation. The EEOC appealed this decision to the U.S. Supreme Court.

Abercrombie & Fitch argued that a job applicant cannot show disparate treatment without first showing that an employer has “actual knowledge” of the applicant’s need for an accommodation. The Supreme Court disagreed, holding that an applicant need only show that his or her need for an accommodation was a motivating factor in the employer’s decision. The Court was adamant that an employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.