Supreme Court may side with plaintiff in case versus Abercrombie

Although the United States Supreme Court has yet to give its final ruling over a workplace discrimination case disputing religious freedoms, the group so far appears to be agreeing with the Equal Employment Opportunity Commission during the oral arguments that took place on February 25, the Hill reported.

The plaintiff is Samantha Elauf, a practicing Muslim who claims she was denied employment as a worker at an Abercrombie & Fitch Kids store in Tulsa, Oklahoma in 2008 because at the time of her application, she had donned a black headscarf called a “hijab,” which Abercrombie says is not in accordance with their “look policy.”

Justice Ruth Bader Ginsburg said the prospective employer should ask the potential employee if he or she has a problem with the look policy – not immediately dismiss them or refuse them the opportunity for employment.

The EEOC argued that Abercrombie’s refusal to accommodate Elauf’s religious beliefs was in violation of the Civil Rights Act, specifically Title VII.

New Albany, Ohio-based Abercrombie, on the other hand, was of the opinion that Elauf failed to inform the hiring managers of the conflicting interest and that letting her stay in the company would saddle the company with an undue burden.

The case was lifted to the Supreme Court after the Tenth Circuit Court of Appeals sided with Abercrombie. Prior to that, a federal district court sided with the EEOC.

Contact our attorneys today at The Melton Law Firm by calling (512) 330-0017 if you have an employment issue in Austin or other areas in Texas that you need our legal help with.