Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. (575 U.S. 768)
U.S. Supreme Court · decided June 1, 2015 · Supreme Court Database (Spaeth)
- Citation
- 575 U.S. 768 · 135 S. Ct. 2028
- Decided
- June 1, 2015
- Term
- October Term 2014
- Vote
- 8–1
- Majority author
- Justice Scalia
- Issue area
- Civil Rights
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice SCALIAdelivered the opinion of the Court. Title VII of the Civil Rights Act of 1964 prohibits a prospective employer from refusing to hire an applicant in order to avoid accommodating a religious practice that it could accommodate without undue hardship. The question presented is whether this prohibition applies only where an applicant has informed the employer of his need for an accommodation. I We summarize the facts in the light most favorable to the Equal Employment Opportunity Commission (EEOC), against whom the Tenth Circuit granted summary judgment. Respondent Abercrombie & Fitch Stores, Inc., operates several lines of clothing stores, each with its own "style." Consistent with the image Abercrombie seeks to project for each store, the company imposes a Look Policy that governs its employees' dress. The Look Policy prohibits "caps"-a term the Policy does not define-as too informal for Abercrombie's desired image. Samantha Elauf is a practicing Muslim who, consistent with her understanding of her religion's requirements, wears a headscarf. She applied for a position in an Abercrombie store, and was interviewed by Heather Cooke, the store's assistant manager. Using Abercrombie's ordinary system for evaluating applicants, Cooke gave Elauf a rating that qualified her to be hired; Cooke was concerned, however, that Elauf's headscarf would conflict with the store's…
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