U.S. top court rules for Muslim woman denied job over head scarf

[dvaz]

Can't post link, its on front page of MSN.

The U.S. Supreme Court on Monday ruled in favor of a Muslim woman who sued after being denied a job at an Abercrombie & Fitch Co(ANF.N) clothing store in Oklahoma because she wore a head scarf for religious reasons.

On a 8-1 vote, the court handed a victory to the U.S. Equal Employment Opportunity Commission (EEOC), a federal agency that sued the company on behalf of Samantha Elauf. She was denied a sales job in 2008 at an Abercrombie Kids store in Tulsa when she was 17.

The legal question before the court was whether Elauf was required to ask for a religious accommodation in order for the company to be sued under the 1964 Civil Rights Act, which, among other things, bans employment discrimination based on religious beliefs and practices.

The court, in an opinion by Justice Antonin Scalia, ruled that Elauf needed only to show that her need for an accommodation was a motivating factor in the employer's decision.

"A request for accommodation ... may make it easier to infer motive, but it is not a necessary condition of liability," Scalia wrote.
Samantha Elauf, right, who was denied a sales job at an Abercrombie Kids store in Tulsa in 2008, stands with U.S. Equal Employment Opportunity Commission (EEOC) lead attorney Barbara Seely, center, at the U.S. Supreme Court in Washington, February 25, 2015. The Court on Wednesday considered whether Elauf, who wears a head scarf, or hijab, was required to specifically request a religious accommodation at her job interview at the store in Tulsa in 2008 when she was 17. The company denied Elauf the job on the grounds that wearing the scarf violated its "look policy" for members of the sales staff. © Jim Bourg/Reuters Samantha Elauf, right, who was denied a sales job at an Abercrombie Kids store in Tulsa in 2008, stands with U.S. Equal Employment Opportunity Commission (EEOC) lead attorney Barbara Seely, center, at the U.S. Supreme Court…

Justice Clarence Thomas was the sole dissenter. He said that "mere application of a neutral policy" should not be viewed as discrimination.

Elauf was wearing a head scarf, or hijab, at the job interview but did not specifically say that, as a Muslim, she wanted the company to give her a religious accommodation.

The company denied Elauf the job on the grounds that wearing the scarf violated its "look policy" for members of the sales staff, a policy intended to promote the brand's East Coast collegiate image.

Muslim groups said in a friend-of-the-court brief in support of Elauf that employment discrimination against Muslims is widespread in the United States. Often, the act of a woman wearing a head scarf is what triggers the discrimination, according to the brief. The EEOC has reported that Muslims file more employment claims about discrimination and the failure to provide religious accommodations than any other religious group.

Groups representing Christians, Jews and Sikhs also filed court papers backing Elauf.

The case involving a young Muslim woman alleging workplace discrimination in the American heartland was decided by the top U.S. court at a time when some Western nations are struggling with culture clashes relating to accommodating local Islamic populations. The United States has not, however, faced the same tensions as some European countries including France.

The case is EEOC v. Abercrombie & Fitch, U.S. Supreme Court, No.14-86.

[Vea Lea]

i think that maybe is a little too much if it apply to all?

[Dyfar]

She wasn't denied because of her religion. She was denied because she wanted to wear a potato sack to work. Head scarves are degrading to women.

[Vea Lea]

She wasn't denied because of her religion. She was denied because she wanted to wear a potato sack to work. Head scarves are degrading to women.

there is no need to do that just because she is muslim

[Conspicuous Cultist]

It's a bit silly, but hopefully this will extend to beards and other trendy things if we just used religion as an excuse.

[Kuntantee]

The EEOC has reported that Muslims file more employment claims about discrimination and the failure to provide religious accommodations than any other religious group.

That's probably because requirement to pray 5 times a day.


Is religious accommodation compulsory in USA? You would be kicked from an overwhelming majority of the jobs if you demand to pray 3 times during day even in Turkey.

[Kujako]

It's a bit silly, but hopefully this will extend to beards and other trendy things if we just used religion as an excuse.

Great.... so then all the hipsters will turn into orthodox jews?

[Dyfar]

That's probably because requirement to pray 5 times a day.


Is religious accommodation is compulsory in USA? You would be kicked from most of the jobs if you demand to pray 3 times during job even in Turkey.

In America if you aren't a white male you can pretty much get away with anything by playing the race/sex card.

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That's probably because requirement to pray 5 times a day.


Is religious accommodation is compulsory in USA? You would be kicked from most of the jobs if you demand to pray 3 times during job even in Turkey.

In America if you aren't a white male you can pretty much get away with anything by playing the race/sex card. Also minority religion.

[Conspicuous Cultist]

Great.... so then all the hipsters will turn into orthodox jews?

Oy vey, I was a jew before it was even cool!

[Tradewind]

It has always amused me that Abercrombie and Fitch have a "looks policy" and are geared towards "attractive people" when their CEO looks like a motherfucking Dick Tracy villain.

[Kujako]

Oy vey, I was a jew before it was even cool!

Well my Grandmother was a jew, so I was a jew before I was even conceived!

Actually... the Kabbalah is kinda hipster-trendy. It's why Madonna changed her name to Esther.

[Ichifails]

I'd so fucking wish to live in America so I could sue the shit out of everyone.

Just go into places and yell discrimination at everything.

[Vea Lea]

In America if you aren't a white male you can pretty much get away with anything by playing the race/sex card.

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In America if you aren't a white male you can pretty much get away with anything by playing the race/sex card. Also minority religion.

i dont believe that

[Deleted]

Don't Abercrombie and Fitch get these lawsuits from people not being their "perfect attractive image" all the time?

[Deleted]

Tbh its not just employment claims they are overusing. I for myself can at least safely say that I havent seen any other "religious" group so wide spread across media which would have so many issues with everything as Muslims do in Western Countries. I still have no clue why they dont Emigrate to rich Muslim countries like Saudi Arabia, Kuwait or Emirates if they have so many issues with the West. And no one has ever explained that to me. (Or maybe they just love to complain and like to harbour some wierd feeling of discrimination).

[theostrichsays]

It has always amused me that Abercrombie and Fitch have a "looks policy" and are geared towards "attractive people" when their CEO looks like a motherfucking Dick Tracy villain.

Read this, and having never seen the dude went to Google. I must say you did not let me down Tradewind.

[Deleted]

These towelheads need to fuck right off.

Applying for a job in a clothes shop while wearing a potato sack is like applying to be a fitness instructor while being overweight.

It has nothing to do with what imaginary creature you choose to believe in.

But hey, in burgerland, if you aint white, you can get away with anything by crying "racism"

Infracted

[Deleted]

These towelheads need to fuck right off.

Applying for a job in a clothes shop while wearing a potato sack is like applying to be a fitness instructor while being overweight.

It has nothing to do with what imaginary creature you choose to believe in.

But hey, in burgerland, if you aint white, you can get away with anything by crying "racism"

Wow... just wow...

[matt4pack]

So can you sue Hooters over denying men to be waiters?

[Deleted]

So can you sue Hooters over denying men to be waiters?

Only if you're not white.