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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 an prospective employee must explicitly ask for a religious exemption. 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.