On June 1, 2015, the U.S. Supreme Court decided EEOC v. Abercrombie & Fitch Stores, Inc., and held, 8-1, that Title VII prohibits employers from refusing to hire an applicant in order to avoid accommodating a religious practice that could be accommodated without undue hardship.
The case was brought by Ms. Samantha Elauf, a Muslim who wore a headscarf for religious reasons, and who alleged that Abercrombie did not hire her because she would need an accommodation from the employer’s “Look Policy,” or dress code. Though she never requested an accommodation from Abercrombie, she wore her headscarf to her job interview. Abercrombie argued that an applicant cannot show disparate treatment without first showing that the employer had “actual knowledge” of the applicant’s need for accommodation. The Court rejected this theory, reasoning that Title VII does not impose a knowledge requirement. Instead, to bring a claim of religious discrimination, an applicant need only be able to show that his or her need for accommodation was a motivating factor in the employer’s decision.
