Abercrombie & Fitch Loses Lawsuit in Supreme Court for Not Hiring Muslim Woman Because of Head Scarf

author by Emanuel Shirazi on Oct. 20, 2015

Employment Employment Discrimination Employment  Wrongful Termination Employment  Employee Rights 

Summary: Abercrombie & Fitch Loses Lawsuit in Supreme Court for Not Hiring Muslim Woman Because of Head Scarf

Abercrombie & Fitch can’t seem to stay away from controversy. The Supreme Court recently ruled 8-1 in favor of Samantha Elauf, a Muslim woman who claimed she was not hired by the clothing store because her head scarf (or hijab) conflicted with the dress code. Elauf was awarded $20,000 for the suit filed on her behalf by the federal Equal Employment Opportunity Commission. 

The decision was determined based on this principle: though companies are allowed to have dress codes, they cannot “act with the forbidden motive of discriminating on the basis of an applicant’s religious practices.” Employers are required to reasonably accommodate the religious needs of an employer or applicant. 

In addition to having to wear clothes that have an East Coast collegiate or preppy style— Abercrombie employees must follow a strict (and controversial) dress code or  ‘look policy’ that  includes recommendations for appropriate fingernail length and hair color. Because of the latest lawsuit, Abercrombie & Fitch will have to replace its “look policy” with a more “individualistic” dress code. 

What do you think--should some employers be able to have dress codes for their employees that would prohibit certain religious clothing?

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.

© 2025 LAWYER.COM INC.

Use of this website constitutes acceptance of Lawyer.com’s Terms of Use, Email, Phone, & Text Message and Privacy Policies.