(Image via SamanthaIman)
Over the years, controversial clothing retailer Abercrombie and Fitch has faced multiple stemming from its seemingly discriminatory “look policy.” The policy, which sets the standard for many of the model-gorgeous, and usually white, employees you see working at many Abercrombie locations, came under scrutiny in 2008 when it was invoked to deny fashion blogger Samantha Elauf when she was a teen. Elauf, who is now in her 20’s, took her story to the media and all the way to the United States Supreme Court. The legal department at the Equal Employment Opportunity Commission sued on her behalf.
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.
Abercrombie & Fitch 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 down 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 compelling case has attracted the attention of fashion retailers and employees all over the country, as well as religious interest groups.
