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Abercrombie & Fittch Stores Inc Case Summary

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Case: Equal Employment Opportunity Commission (EEOC) v. Abercrombie & Fitch Stores, Inc., U.S. 135 S. Ct. 2028 (2015) Issue: Is an employer in violation of Title VII if they refuse to hire an applicant or discharge an employee based on a religious observance. Even when the applicant or employee fails to provide the employer, through explicit notification, of the applicant’s or employee’s need for a religious accommodation? Rule: The Supreme Court of the United States decided this case based upon Title VII of the Civil Rights Act of 1964. Title VII contains two different definitions of illegal employment practices. “(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect …show more content…

As a practicing Muslim Elauf wore her hijab to the interview. During the interview neither Elauf or the interviewer Heather Cooke, the assistant store manager, mentioned the hijab or anything else related to Elauf’s religion. Upon completion of the interview it was determined by Cooke that Elauf was a good candidate for employment. Even though she was deemed fit for the position, Cooke was worried that Elauf’s hijab would violate the company’s Look Policy. Abercrombie’s Look Policy includes a strict “no caps” guideline. Cooke’s concern led her to ask both her store manager and district manager. Cooke then alluded to her superiors that she believed Elauf wore a hijab for religious reasons. It was at this point that Cooke was instructed not to hire Elauf because her hijab violated their policy. The EEOC, on behalf of Elauf, brought a suit against Abercrombie & Fitch Inc., for their alleged violation of Title VII. While the district court found in favour of Elauf, awarding her $20,000 in damages, the Tenth Circuit court reversed this decision. They did so claiming that for an employer to be held liable the applicant must request or discuss the accommodation that they are seeking to provide the actual knowledge of said

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