The Supreme Court ruled Monday, June 1, in an 8-1 decision that Abercrombie & Fitch violated civil rights law when it chose to not hire a Muslim woman who wore a headscarf to her interview.
Abercrombie & Fitch argued that the decision was not based on religious discrimination but due to their “look policy” which bans all types of headgear. They also argued that the applicant never requested accommodation.
The applicant, Samantha Elauf, stated that she was not made aware of the policy as a prospective employee, and therefore never had a need to request such an accommodation.
The question brought to the court was whether employers have a responsibility to provide “reasonable accommodation without undue hardship” (Title VII of the 1964 Civil Rights Act) even if it is not asked for specifically.
Justice Antonin Scalia stated in the court opinion that “an applicant need only show that his need for an accommodation was a motivating factor in the employer’s decision, not that the employer had knowledge of his need” to prove that the decision violated Title VII. “An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.”
So, what does this mean for employers?
This decision reinforces the need for front line hiring managers and others involved in the interview process to be trained to appropriately conduct interviews and grasp the need to loop in qualified HR and legal resources when approached by a candidate for religious and other forms of accommodation.
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Image credit: Tim Sackton