US high court backs Muslim woman denied job at Abercrombie

The US Supreme Court ruled on Monday in favour of a Muslim woman who claimed she was denied a sales job with fashion retailers Abercrombie & Fitch as a teen because of her headscarf.

By an eight to one vote, the high court sided with the Equal Employment Opportunity Commission (EEOC), a federal government agency that sued Abercrombie on behalf of Samantha Elauf, on the grounds she was discriminated against because of the firm's dress code.

The court, in an opinion written by Justice Antonin Scalia, said Elauf only needed to show that her need for an accommodation was a motivating factor in the employer's decision. "An employer may not make an applicant's religious practice, confirmed or otherwise, a factor in employment decisions," the decision read.

Attorneys arguing Elauf's case said she was protected by the 1964 Civil Rights Act, which bars anyone from being refused employment based on their religion, unless the employer cannot accommodate the person's religious beliefs without adversely affecting business.

Abercrombie argued that Elauf did not specifically request an exemption from the company's dress code on religious grounds. "Here, the employer at least suspected that the practice was a religious one," Scalia said. "Its refusal to hire was therefore motivated by the desire to avoid accommodating that practice; and that is enough."

But Abercrombie staunchly denied it had discriminated against Elauf's religion. "A&F has a longstanding commitment to diversity and inclusion, and consistent with the law, has granted numerous religious accommodations when requested, including hijabs," spokeswoman Carlene Benz said.    (AFP)

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