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Abercrombie & Fitch Solved

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Discrimination Laws: The Headscarf Case

Mid-2015 saw the Supreme Court reverse a Tenth Circuit judgement in the Equal Employment Opportunity Commission (EEOC) v Abercrombie & Fitch case; widely known as ‘The Headscarf Case’ (Olson, 2015).  Samantha Elauf had, in 2008, applied for a job at one of the defendant’s retail stores and attended the interview dressed in a headscarf. Although she did not mention, and neither did the interviewer ask, her religious belief or the reason for the headscarf, a district manager upon consultation did advise the said interviewer that it was likely an expression of her faith (Collins & Sokolowski, 2015). It was however decided that Ms Elauf’s headscarf contradicted the company’s ‘look policy’ and as such, she was not hired; she turned to EEOC who sued on her behalf. The law, under Title VII of the Civil Rights Act 1964 interdicts employers from discriminating against potential employees on any grounds; be it race, sex, color, religion or national origin. It is the mandate of the EEOC to ensure that this provision is complied with.

Legally, some companies are allowed to apply qualifications such looks, attractiveness, fitness or appearance as these are relevant to carrying out their business. However, this is only if they are not executed in a manner that would prove discriminatory (Perkins, 2014). The issue arising, in this case, is whether the lack of an express acknowledgement of her faith was enough to excuse the company from discrimination. Ashby Jones stated that the advice availed to the interviewer, though not certain, was sufficient to create liability on Abercrombie’s part (WSJ, 2015). The interplay of business activity and hiring regulations, in this case, brought abought negative effects based on the failure of the company to adequately educate its staff on the provisions of the Civil Rights Act. It is possible that adequate knowledge of Title VII provisions would have led to a better appreciation of Ms Elauf’s rights. Failure to recognize that denying her employment would constitute discrimination goes against the deontology theory. A deontologist would consider moral principles, other than the greater good of the utilitarian, focusing more on the individual than the society (Ferrell, Fraedrich, & Ferell, 2015, p. 16)

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