Navigating Claims Of Religious Discrimination In Hiring

Last month, the Supreme Court heard arguments in a religious discrimination case that could clarify employers’ obligations under Title VII of the Civil Rights Act of 1964, which protects against discrimination based on race, color, national origin, sex, and religion. The case arose after Samantha Elauf, a Muslim who wears a headscarf in public, interviewed for a sales job with Abercrombie Kids in Tulsa, Okla., and was not hired. According to court papers, during the 2008 interview Ms. Elauf, then 17, did not state why she wore a headscarf, but the assistant manager who interviewed her correctly understood that it was because she is Muslim. Ms. Elauf received high scores based on her interview, and was told she would soon receive a call about orientation. When the call did not come, she asked a friend who worked at the store why, and learned she was not hired because her headscarf conflicted with the company’s dress code, which calls for a “classic East Coast collegiate style” (these internal company memos, leaked in 2013, give a sense of Abercrombie’s dress code at that time).