This spring, we wrote about the right of employees to be free from religious discrimination in the workplace. We focused on prohibited practices once someone has been hired, specifically that employers are obligated to give reasonable accommodations based upon religion — accommodations that do not pose undue hardship upon the business or adversely affect the health, safety, or security of other employees.

This session, the U.S. Supreme Court decided an important case on that very point.

The case

The case involved a young Muslim woman who wore a head scarf to her interview at Abercrombie & Fitch. The Company refused to hire her. The woman claimed that her failure to get the job was due to her head scarf, which she wore for religious purposes – and she took legal action. Abercrombie claimed that the scarf did not fit into its dress code.

Though a jury agreed with the young woman and awarded her $20,000, the United States Court of Appeals for the 10th Circuit disagreed. The Circuit Court ruled that since the woman never specifically informed the retailer that she wore the head scarf for religious reasons, the business did not know. The court ruled the case should have been dismissed and never gone to trial.

The U.S. Supreme Court Speaks, Almost Unanimously

The Supreme Court did not agree, finding in an 8-1 ruling that at a minimum the Company suspected that religious reasons were behind the woman wearing the hijab. Justice Scalia wrote for the majority that the woman could obtain relief under Title VII of the Civil Rights Act of 1964 without having to make a specific request for accommodation based upon religion. He pointed out that an adverse employment decision cannot be made with a motive that is forbidden.

Conclusion

This case reinforces public policy restrictions on employers when it comes to religious and other forms of employment discrimination in hiring.

If you are the victim of employment discrimination and want to discuss your problems and concerns with experienced workers’ rights lawyers, please write or call us for a reduced fee initial consultation.