10 Oct EEOC FINDS EMPLOYER’S PURSUIT OF FASHION NOT SO FASHIONABLE AFTER ALL

Issues involving workplace accommodation of religious practices often involve complicated fact patterns and require significant analysis.  Under a recent Supreme Court case, these matters have become even more complicated and a sure-fire pitfall for the unwary employer.

In EEOC v Abercrombie & Fitch, 135 S. Ct. 2028 (2015), the clothing retailer went to the Supreme Court to fight claims it discriminated against a Muslim woman based on her religious beliefs when it chose not to hire her because she wore a black headscarf (hijab) to a job interview.  The case involved a practicing Muslim woman who interviewed for a model position at an Abercrombie store in Oklahoma.  During the interview she wore a black hijab.  However, she made no mention of her religion, her headscarf, or the need for an accommodation to address the conflict between the company’s policy and her headscarf.  Although she was found to be otherwise suitable for the position, she was not hired because her headscarf was deemed to be inconsistent with the company’s “look policy.”

The Supreme Court found that Abercrombie illegally discriminated against the prospective employee based on her religion – even though the company did not know the headscarf was worn for religious reasons.  According to the Court, “an applicant need only show that his need for an accommodation was a motivating factor in the employer’s decision” to establish the employment decision violated the law.  The court further stated that “[a]n employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.”           

Employers need to tread carefully when making decisions that might impact an employee’s religious practices.  If there is any reason to believe that a workplace issue is caused by an employee’s religious belief, experienced legal counsel should be sought. 

If you have any questions over workplace accommodation, or any other labor or employment related matter, contact Masud Labor Law Group.