Abercrombie settles suit with denied Muslim job applicant
New Albany-based Abercrombie & Fitch has settled a lawsuit with a woman that claimed the company denied her a job in part due to her religious practices.
Samantha Elauf applied for a sales position in Tulsa, Oklahoma in 2008. Managers liked the then-17 year-old, but denied her the job because of the black headscarf (hijab) that she wears. The store said that her hijab would conflict with the store’s dress code.
Elauf filed a lawsuit and the case worked its way to the U.S. Supreme Court. Last month, the court ruled 8 – 1 in her favor. In her interview with A&F, Elauf was not asked about her religion and she did not tell them that she is Muslim. In the court’s majority opinion, Justice Antonin Scalia said that did matter.
“Title VII forbids adverse employment decisions made with a forbidden motive, whether this motive derives from actual knowledge, a well-founded suspicion or merely a hunch. An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions. “
– Supreme Court Justice Antonin Scalia
A spokesman for the company responded to the decision by saying that the court did not determine that A&F had discriminated against Elauf.
Abercrombie & Fitch this week has settled the case for $25,000. Samantha Elauf now works for Urban Outfitters. (jj)
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