Abercrombie & Fitch’s “Look Policy,” which governs the appearance of its salespeople, has come under fire by employees who claim they were prohibited from wearing religious items while at work. Earlier this month, the U.S. Supreme Court announced that it will hear an appeal filed by by the Equal Employment Opportunity Commission on behalf of a Muslim woman, Samantha Elauf, who was denied a job as a salesperson because her head scarf violated Abercrombie’s dress code.
A lower court previously ruled in Elauf’s favor, holding that Abercrombie was liable for religious discrimination; however, the Tenth Circuit U.S. Court of Appeals reversed the decision on grounds that Elauf was required to explicitly ask for religious accommodations, and she failed to do so. The Supreme Court is likely to hear the case in January, and a decision is expected in June.
This firm will continue to monitor the developments in this case.