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EEOC v. Abercrombie & Fitch Stores, Inc.

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EEOC v. Abercrombie & Fitch Stores, Inc.
NameEEOC v. Abercrombie & Fitch Stores, Inc.
CourtSupreme Court of the United States
DateJune 1, 2015
Full nameEqual Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.
Citation575 U.S. 768
PriorOn writ of certiorari to the United States Court of Appeals for the Tenth Circuit

EEOC v. Abercrombie & Fitch Stores, Inc. is a landmark United States Supreme Court case that involved a claim of discrimination by Abercrombie & Fitch, a popular retailer known for its fashionable clothing, against a Muslim woman who wore a hijab to a job interview at one of their stores. The case was brought by the Equal Employment Opportunity Commission (EEOC) on behalf of Samantha Elauf, who alleged that she was not hired because of her religious attire, in violation of Title VII of the Civil Rights Act of 1964. The case was closely watched by civil rights groups, including the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP), as well as by business organizations such as the Chamber of Commerce of the United States and the National Retail Federation. The Obama Administration also weighed in on the case, with the United States Department of Justice filing a brief in support of the EEOC.

Background

The case began in 2008 when Samantha Elauf, a Muslim woman, applied for a job at an Abercrombie & Fitch store in Tulsa, Oklahoma. During the interview, Elauf wore a hijab, which is a traditional Islamic headscarf. The interviewer, Heather Cooke, did not ask Elauf about her hijab or whether she would be able to comply with the company's dress code, which prohibited headgear. However, Cooke later told the district court that she had assumed that Elauf's hijab was a religious practice and that she would not be able to comply with the company's dress code. The case was initially filed in the United States District Court for the Northern District of Oklahoma, where it was heard by Judge Gregory Frizzell. The EEOC was represented by Barbara Seely, while Abercrombie & Fitch was represented by Gerald Maatman of the law firm Seyfarth Shaw. The case was also closely watched by academics, including Professor Erwin Chemerinsky of the University of California, Irvine School of Law and Professor Laurence Tribe of Harvard Law School.

Case

The EEOC claimed that Abercrombie & Fitch had discriminated against Elauf because of her religion, in violation of Title VII of the Civil Rights Act of 1964. The company argued that it had not discriminated against Elauf and that its dress code was a legitimate business practice. The case was tried before a jury in the United States District Court for the Northern District of Oklahoma, which found in favor of the EEOC. The United States Court of Appeals for the Tenth Circuit later reversed the district court's decision, holding that the EEOC had not provided sufficient evidence to support its claim of discrimination. The EEOC then appealed the case to the United States Supreme Court, where it was argued by Solicitor General Donald Verrilli on behalf of the EEOC and by Shay Dvoretzky on behalf of Abercrombie & Fitch. The case was also supported by amici curiae briefs filed by the American Jewish Committee, the Brennan Center for Justice at New York University School of Law, and the National Women's Law Center.

Supreme Court Decision

On June 1, 2015, the United States Supreme Court issued its decision in the case, holding that Abercrombie & Fitch had indeed discriminated against Elauf because of her religion. The Court found that the company's dress code policy, which prohibited headgear, had been applied in a way that discriminated against Elauf because of her Muslim faith. The decision was written by Justice Antonin Scalia and was joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, and Sonia Sotomayor. The decision was seen as a significant victory for civil rights groups, including the ACLU and the NAACP, as well as for Muslim and other religious organizations, such as the Council on American-Islamic Relations (CAIR) and the Anti-Defamation League (ADL). The decision was also supported by Senator Chuck Schumer and Representative Nancy Pelosi, who issued statements praising the Court's decision.

Impact

The decision in EEOC v. Abercrombie & Fitch Stores, Inc. has had a significant impact on employment law and civil rights in the United States. The decision has been cited in numerous cases involving claims of discrimination based on religion and has been the subject of extensive commentary and analysis by scholars and practitioners in the field. The decision has also been seen as a significant victory for Muslim and other religious minorities, who have faced discrimination and prejudice in the workplace. The case has been compared to other landmark Supreme Court cases, including Griggs v. Duke Power Co. and Hazelwood School District v. United States, which also involved claims of discrimination under Title VII of the Civil Rights Act of 1964. The decision has also been discussed by experts in the field, including Professor Pamela Karlan of Stanford Law School and Professor Richard Epstein of New York University School of Law.

Aftermath

In the aftermath of the decision, Abercrombie & Fitch agreed to pay $25,000 to Elauf and to make changes to its hiring practices to ensure that applicants are not discriminated against because of their religion. The company also agreed to provide training to its employees on religious accommodation and to make its dress code policy more flexible to accommodate religious practices. The decision has also led to changes in the way that companies approach religious accommodation in the workplace, with many companies now providing more flexible dress code policies and accommodations for employees with religious needs. The case has been cited by organizations such as the EEOC, the ACLU, and the NAACP as an example of the importance of protecting civil rights in the workplace. The decision has also been discussed by media outlets, including The New York Times, The Washington Post, and NPR, and has been the subject of numerous articles and commentaries by experts in the field. Category:United States Supreme Court cases