In our latest podcast, Mark and I discuss last week’s Supreme Court oral argument in EEOC v. Abercrombie & Fitch Stores, Inc., the Title VII headscarf case. We analyze the legal issues, discuss implications for religious accommodations generally, and predict the outcome.
There is certainly a difference between a head scarf that can serve both as a religious statement and happens to also be a great fashion statement and thus does not pose any type of threat, and a burka, which can be seen as both a security threat, and quite frankly, an inappropriate covering for someone whose first duty as a salesperson is to make someone feel comfortable and at ease. One can have a detrimental effect, the other could help Abercrombie and Fitch sell more beautiful scarves.
Did A&F state the reason why this young lady was not hired? Perhaps she can get a new interview where she is presented with the store’s policy and she can explain why she would like to have permission to wear her head scarf. In either event, reading and signing a company’s policy statement after or before the interview would have prevented a lawsuit while giving this young lady an opportunity to present her case before A&F made their decision to hire or not hire her.