The U.S. Supreme Court recently heard arguments in a religious discrimination suit brought by the EEOC against clothing retailer, Abercrombie & Fitch. This case arose from an Abercrombie & Fitch applicant who wore a hijab, or headscarf, during her interview and was subsequently not hired. Abercrombie & Fitch has a strict “Look Policy,” which requires employees to dress in clothing consistent with the store’s brand. These requirements include no black clothing and no “caps.” The policy does not define “caps.” The applicant in this case was a Muslim woman who wears a headscarf for religious purposes. The applicant was offered an opportunity to interview for a position on the sale’s floor. The store manager was familiar with the applicant, as she had seen her in the store talking with another Abercrombie employee. The manager had previously seen the applicant wearing her headscarf.
The manager testified that she believed that the applicant wore the headscarf for religious purposes and “assumed she was Muslim.” Although the applicant wore her headscarf during the interview, neither the applicant nor the manager addressed her wearing the headscarf at work or the particular requirements of the “Look Policy.” After the interview, the manager consulted the district manager about whether or not the applicant could wear her headscarf. The district manager instructed the manager to change the applicant’s scores on her evaluation sheet so that she would not be recommended for hire. Abercrombie did not offer the applicant the job.
A Federal Court of Appeals held that Abercrombie did not fail to accommodate the applicant’s religious beliefs and was entitled to summary judgment because the applicant never informed Abercrombie prior to its hiring decision that her practice of wearing a hijab was based on her religious beliefs or that she would need an accommodation because her religious practices conflicted with Abercrombie’s clothing policy. The issue before the Supreme Court is: Whether an employer must have actual knowledge that a religious accommodation is required from direct, explicit notice from an applicant or employee before liability under Title VII will attach for refusing to hire or for discharging an individual based on the individual’s “religious observance and practice.”
FHKA will continue to monitor this decision.
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