The Case Of Abercrombie & Fitch Stores, Inc.

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The case was between Equal Employment Opportunity Commission (EEOC) and Abercrombie & Fitch Stores, Inc in 2006. The case started on Feb 25, 2015, and came to final decision on Jun 1, 2015. The facts of the case can be summarized to the Abercrombie & Fitch Co has drawn criticism for not hiring a Muslim woman because of her headscarf. The United States Supreme Court ruled in favor of a Muslim woman, who was sued for discrimination after being denied a sales job at an Abercrombie & Fitch Co clothing store in Oklahoma for religious reasons. Respondent Abercrombie & Fitch Stores, Inc., operates several lines of clothing stores, each with its own “style.” Consistent with the image Abercrombie seeks to project for each store, the company imposes …show more content…

Instead, the company stated that she should not win a religious freedom complaint because she never said in the interview that she was wearing the head scarf for religious reasons. However, in an 8-1 decision in the important religious rights case, the court favored Samantha Elauf. Particularly, the United States Supreme Court ruled that a company held liable under Title VII of the Civil Rights Act of 1964 for refusing to hire an applicant based on a religious observance or practice if the employer did not have direct knowledge that a religious accommodation was required. According to Title VII of the Civil Rights Act of 1964 78 Stat. 253, it is unlawful for an employer: “(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national …show more content…

The case has taken a broader view that the employer strictly prohibits discrimination and harassment in the workplace. As Elauf said in a statement issued by the EECO, observance of one’s faith should not have prevented them from getting a job. This is not the first time Abercrombie & Fitch’s ‘look policy’ has been brought to the media’s attention about discrimination. In 2009, Riam Dean made a claim against Abercrombie & Fitch for disability discrimination for wearing a cardigan to cover her prosthetic arm, and was told to stop working on the shop floor unless she removed her cardigan. Miss Dean was finally awarded around £8,000 for unlawful harassment for a reason relating to her disability. Abercrombie should learn a lesson, and objectively justify the “Look Policy”. The winning of Elauf and Riam cases protects applicants from being discriminated based on their religions; everyone should have an equal chance to apply for an accommodation. Although discrimination in the workplace is illegal in the United States and a number of other countries in the world, the practice still happens. I am glad that employees have an organization such as EEOC to protect them from being discriminated based on race, religion, disability, age, national origin, and

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