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US Supreme Court hears Abercrombie headscarf arguments | US Supreme Court hears Abercrombie headscarf arguments |
(about 1 hour later) | |
The US Supreme Court is set to hear arguments over whether retailer Abercrombie & Fitch discriminated against a Muslim teenager. | The US Supreme Court is set to hear arguments over whether retailer Abercrombie & Fitch discriminated against a Muslim teenager. |
Samantha Elauf argued she was denied a job because her headscarf conflicted with the company's dress code. | Samantha Elauf argued she was denied a job because her headscarf conflicted with the company's dress code. |
Abercrombie disputes the allegation, arguing Ms Elauf did not ask specifically for a religious exemption. | Abercrombie disputes the allegation, arguing Ms Elauf did not ask specifically for a religious exemption. |
The clothing retailer has since changed its policy on headscarves but continues to fight the case in court. | The clothing retailer has since changed its policy on headscarves but continues to fight the case in court. |
US law requires that employers must "reasonably accommodate" an employee's religious beliefs, as long as it does not provide an undue hardship to the business. | US law requires that employers must "reasonably accommodate" an employee's religious beliefs, as long as it does not provide an undue hardship to the business. |
The US high court will seek to answer the question of whether a prospective employee must explicitly ask for a religious exemption. | |
The suit, which is being brought by the Equal Employment Opportunity Commission (EEOC), argues that Ms Elauf was denied the job because her headscarf clashed with Abercrombie's "East Coast" style. | The suit, which is being brought by the Equal Employment Opportunity Commission (EEOC), argues that Ms Elauf was denied the job because her headscarf clashed with Abercrombie's "East Coast" style. |
The company states that store employees should not wear anything that clashes with the brand's aesthetic, including head coverings and black clothes. | The company states that store employees should not wear anything that clashes with the brand's aesthetic, including head coverings and black clothes. |
Ms Elauf applied for a sales job at a Tulsa, Oklahoma, store in 2008. | Ms Elauf applied for a sales job at a Tulsa, Oklahoma, store in 2008. |
The woman who conducted the interview was impressed with Ms Elauf but was concerned about her headscarf. After consulting with a supervisor, she decided not to hire her. | The woman who conducted the interview was impressed with Ms Elauf but was concerned about her headscarf. After consulting with a supervisor, she decided not to hire her. |
The EEOC was initially successful in winning its case, and a jury awarded Ms Elauf $20,000 (£12,900) in damages. | The EEOC was initially successful in winning its case, and a jury awarded Ms Elauf $20,000 (£12,900) in damages. |
What is Abercrombie & Fitch 'Look policy'? | |
More: What is the Abercrombie look? | |
However, a higher court threw out that ruling, noting that Ms Elauf never specified that she would need a religious exemption in her job interview, even though she was wearing her headscarf during the process. | However, a higher court threw out that ruling, noting that Ms Elauf never specified that she would need a religious exemption in her job interview, even though she was wearing her headscarf during the process. |
"An employer cannot be liable for failing to accommodate a religious conflict unless it knows that the religious conflict exists," wrote Abercrombie's lawyers in court documents. | "An employer cannot be liable for failing to accommodate a religious conflict unless it knows that the religious conflict exists," wrote Abercrombie's lawyers in court documents. |
Ms Elauf's case is backed by a broad collection of religious groups - as well as gay and lesbian rights organisations. | Ms Elauf's case is backed by a broad collection of religious groups - as well as gay and lesbian rights organisations. |
Hijab controversies | |
France - The European Court of Human Rights upheld the country's ban on the niqab - the fully covering face veil. The court's ruled ban - and the resulting 150-euro fine - "was not expressly based on the religious connotation of the clothing in question but solely on the fact that it concealed the face". | |
UK - There is no ban in the UK on face-covering veils but schools are allowed to decide their own dress code after a 2007 directive which followed several high-profile court cases. | |
In January 2010, then Schools Secretary Ed Balls said it was "not British" to tell people what to wear in the street after the UK Independence Party called for all face-covering Muslim veils to be banned. | |
Turkey - A ban on all headscarves at universities was quietly lifted in 2010, and in 2013, the country lifted a ban on women wearing headscarves in the country's state institutions - with the exception of the judiciary, military and police - ending a decades-old restriction. | |
More: The Islamic veil across Europe | |
A legal brief on behalf of Orthodox Jews filed in the case argues that requiring job applicants to explicitly voice the need for religion-related special treatment makes them less likely to be hired without given cause. | A legal brief on behalf of Orthodox Jews filed in the case argues that requiring job applicants to explicitly voice the need for religion-related special treatment makes them less likely to be hired without given cause. |
Large state organisations as well as the US Chamber of Commerce are supporting Abercrombie & Fitch's case over concerns the court could set a precedent that would make them subject to more discrimination claims. | Large state organisations as well as the US Chamber of Commerce are supporting Abercrombie & Fitch's case over concerns the court could set a precedent that would make them subject to more discrimination claims. |
The retailer settled two other discrimination cases related to hijabs in 2013 and paid $40m to black, Hispanic and Asian-American college students a decade ago over discrimination in its hiring practices. |