Headscarf case: Muslim woman wins in US Supreme Court
June 01, 2015 22:07
The Supreme Court ruled in favor of a Muslim woman who has sued retailer Abercrombie & Fitch when the store failed to hire her because she wore a head scarf in observance of her religion.
The court ruled 8-1 that the company failed to accommodate Samantha Elauf's religious needs when she was not hired on the basis that her hijab violated company dress policy. Justice Clarence Thomas dissented with part of the ruling but concurred with the rest.
The retailer had argued that Elauf couldn't succeed without first showing that the employer had "actual knowledge" of her need for a religious accommodation. But the Court disagreed and sent the case back to the lower court for further consideration.
"An applicant need show only that his need for an accommodation was a motivating factor in the employer's decision, not that the employer had knowledge of his need," Justice Antonin Scalia wrote for the majority.
The controversy began in 2008 when then 17-year-old Samantah Elauf sought a job with the retailer. Prior to the interview, Elauf was nervous she might not be hired because of the black headscarf that she wears for religious reasons. She interviewed with assistant manager Heather Cooke, however, and although she was told that the company's "look policy" meant she shouldn't wear a lot of make up, black clothing or nail polish, her head scarf never came up.
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