Supreme Court rules for Muslim job applicant, against Abercrombie & Fitch
Supreme Court Sides With Muslim Abercrombie Job Applicant over Head Scarf
High Court says Samantha Elauf can raise religious discrimination claims
WASHINGTON—The Supreme Court on Monday buttressed religious expression at the workplace, ruling for a Muslim job applicant Abercrombie & Fitch Co. rejected because she wore a head scarf.
The 8-1 decision underscored employers’ obligation to accommodate, within reason, the religious practices of workers and applicants unless they impose an “undue hardship” on the business. It is the latest in a line of Supreme Court cases that have elevated religious rights over secular interests, whether exercised by powerful corporations, government agencies or prison inmates.
The Supreme Court hears argument over whether Abercrombie & Fitch can be sued for refusing to hire a Muslim job applicant who wore a head scarf for religious reasons. What’s at stake? WSJ’s Jason Bellini has #TheShortAnswer
The majority opinion by Justice Antonin Scalia stressed two points that outline the role religion can have in the workplace. Employers must do more than handle religious practices in the same way they do secular ones, he wrote, because federal law gives faith-related expression “favored treatment, affirmatively obligating employers” to accommodate things they could otherwise refuse.