After settling two religious discrimination lawsuits that were filed in California last year, clothing retailer Abercrombie & Fitch will let the Supreme Court decide whether or not they are guilty of religion discrimination in a new case. According to the Equal Employment Opportunity Commission, the plaintiff in the latest religion discrimination case, an Abercrombie & Fitch store in Tulsa, Oklahoma, did not hire her because she wore her Muslim hijab to an interview.
The EEOC originally claimed that the woman was discriminated against when she was denied employment at the store because her traditional Muslim headscarf conflicted with the company’s appearance policy. A judge in federal court ruled in favor of the woman, but the decision was then reversed by the U.S. Court of Appeals for the 10th Circuit.
According to the appeals court decision, the woman was not discriminated against because she never actually told the interviewer that she would require a religious accommodation to wear her headscarf. The EEOC, however, has stated that job applicants should not have to be responsible for raising the issue of their religious practices during the interview. The Supreme Court will now have to decide whether Abercrombie & Fitch should have recognized the religious conflict that existed and offered the applicant an accommodation or the woman should have asked for a religious accommodation.
Job applicants who believe they have been denied employment because of religious discrimination might want to speak with an attorney. Because workplace discrimination can result in financial setback for the individual who was discriminated against, an attorney may be able to explore remedies with the EEOC.
Source: Syracuse, “