US Muslim woman denied job over headscarf wins legal battle

The US Supreme Court has ruled in favour of a Muslim woman who was denied a job because of her headscarf, according to media reports.

The Supreme Court on Monday revived an employment discrimination lawsuit against Abercrombie & Fitch, which had refused to hire a Muslim woman because she wore a head scarf.

The company said the scarf clashed with its dress code, which called for a “classic East Coast collegiate style.”

Abercrombie & Fitch Co refused to hire Muslim woman Samantha Elauf because her dress violated the clothing retailer's "Look Policy" for sales staff.

“This is really easy,” Justice Antonin Scalia said in announcing the decision from the bench.

The vote was 8 to 1, with Justice Clarence Thomas dissenting.

Elauf had been awarded $20,000 by a jury, but the United States Court of Appeals for the 10th Circuit, in Denver, overturned the award, saying the trial judge should have dismissed the case before trial. “Elauf never informed Abercrombie before its hiring decision that she wore her head scarf, or ‘hijab,’ for religious reasons,” Judge Jerome A. Holmes wrote for the appeals court.

The Supreme Court sent the case back to the appeals court for further consideration, but Monday’s ruling suggests that Elauf is likely to prevail.

Justice Scalia, writing for seven justices, said Elauf did not have to make a specific request for a religious accommodation to obtain relief under Title VII of the Civil Rights Act of 1964, which prohibits religious discrimination in hiring.

“The decision by the Supreme Court today affirmed the basic right to practice one’s faith freely without fear of being denied the opportunity to pursue the American dream,” said Gurjot Kaur, senior staff attorney of the Sikh Coalition, a national advocacy group.