US Supreme Court Rules Against Abercrombie & Fitch in Discrimination Lawsuit

The United States Supreme Court, in an 8-1 decision, ruled in favor of a Muslim woman who was denied a job at Abercrombie & Fitch after she interviewed for a sales position because she wore hijab, a black headscarf worn for religious reasons.

The applicant, Samantha Elauf, never told her interviewer that she was Muslim. However, Elauf did not get the job and was told by a friend it was because of her headscarf. The headscarf violated Abercrombie & Fitch’s dress code, which requires sales staff, called “models”, to look “East Coast collegiate” or preppy. Abercrombie & Fitch has recently changed this policy, however, due to other lawsuits.

Civil Rights law prohibits a retailer from asserting religion as a reason for not hiring an applicant. The Equal Employment Opportunity Commission (“EEOC”) filed the lawsuit on behalf of Elauf. Justice Scalia, writing for the Supreme Court, stated that Abercrombie & Fitch “at least suspected” that the black headscarf Elauf wore was for religious purposes. The Supreme Court determined that was enough to hold the company liable. Elauf was ultimately awarded $20,000.

The employment lawyers at Fitapelli & Schaffer, LLP are strongly committed to protecting the rights of hard working people seeking employment. We frequently represent workers who are discriminated against in the workplace. Please contact us at (212) 300-0375 to schedule a free consultation to discuss your rights. For more information, please visit our website at www.fslawfirm.com.