Mark Smith

Partner

mark@jmsmithlaw.com

Abercrombie & Fitch’s request to dismiss its appeal was recently granted as the final step in resolving EEOC v. Abercrombie & Fitch. This follows the Supreme Court’s decision in the case, stating that employers can’t refuse to hire applicants in order to avoid the need to accommodate a religious practice. The case revolved around Samantha Elauf, a Muslim who was denied a position since her religious practice of wearing a hijab violated the company’s “look policy”, which prohibited head coverings.

Since the decision, Abercrombie has paid $25,670 in damages to Elauf, and an additional $18,983 in court costs. This is another win for religious freedom in the workplace under the Civil Rights Act of 1964. Employers should brush up and learn what is and isn’t acceptable within the hiring process in order to avoid any potential religious discrimination and lawsuits. They should also review their work policies and ensure that certain rules and regulations are at risk of discriminating against certain groups.

If you are an employer who has questions or would like to review your hiring process and company policies, feel free to contact Smith Reed & Armstrong, PLLC here.