Religious and civil rights organisations are coming to the defense of a Muslim woman denied a job at Abercrombie & Fitch because of her religious attire.
Samantha Elauf's case was heard by the Supreme Court on Wednesday, and they will make their ruling in June.
In 2008, a then-17-year-old Elauf applied for a job at one of the retail store's locations in Tulsa, Oklahoma. She wore a hijab in her interview, and was denied because the head scarf did not match the store's "look policy."
The U.S. Equal Employment Opportunity Commission represents Elauf, and argued that employees should not have to ask for a religious accommodation when religion is a federally protected class under the Civil Rights Act of 1964.
They are backed by Jewish, Muslim, and Christian organisations, including the American-Arab Anti-Discrimination Committee, the General Conference of Seventh-day Adventists, and the National Association of Evangelicals.
A U.S. district judge ruled in Elauf's favour, but the 10th U.S. Circuit Court of Appeals reversed the decision because she did not ask for an accommodation. One question the Supreme Court will consider is whether it is the employer or potential employee's responsibility to initiate a conversation about religious accommodation.
Abercrombie is supported by the Chamber of Commerce and other business groups.
The clothing company faced similar allegations in 2008, when a Muslim female claimed she was not hired because of her hijab. Another employee was fired from Hollister in 2010 after being told to remove her hijab by a district manager. Both cases were settled in 2013.
Abercrombie also settled a $40 million racial and gender discrimination class action suit in 2004. The plaintiffs alleged that they were not hired, relegated to stockroom positions outside the view of customers, or not promoted because of racial and gender bias.
