Does a retail clothing store have an interest in employee appearance that it can justify in terms of customer sales? Does it matter to you what a sales associate looks like when you shop for clothes? Why or why not?
The Abercrombie & Fitch Religious Discrimination Case
The U.S. Supreme Court, in a 2015 case involving Abercrombie & Fitch, ruled that that “an employer may not refuse to hire an applicant for work if the employer was motivated by avoiding the need to accommodate a religious practice,” and that doing so violates the prohibition against religious discrimination contained in the CRA of 1964, Title VII. According to the EEOC general counsel David Lopez, “This case is about defending the American principles of religious freedom and tolerance. This decision is a victory for our increasingly diverse society.”22
The case arose when, as part of her Muslim faith, a teenage girl named Samantha Elauf wore a hijab (headscarf) to a job interview with Abercrombie & Fitch. Elauf was denied a job because she did not conform to the company’s “Look Policy,” which Abercrombie claimed banned head coverings. Elauf filed a complaint with the EEOC alleging religious discrimination, and the EEOC, in turn, filed suit against Abercrombie & Fitch, alleging it refused to hire Elauf because of her religious beliefs and failed to accommodate her by making an exception to its “Look Policy.”
“I was a teenager who loved fashion and was eager to work for Abercrombie & Fitch,” said Elauf. “Observance of my faith should not have prevented me from getting a job. I am glad that I stood up for my rights, and happy that the EEOC was there for me and took my complaint to the courts. I am grateful to the Supreme Court for the decision and hope that other people realize that this type of discrimination is wrong and the EEOC is there to help.”23
Critical Thinking
- Does a retail clothing store have an interest in employee appearance that it can justify in terms of customer sales?
- Does it matter to you what a sales associate looks like when you shop for clothes? Why or why not?
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