American court supports Muslim V. Clothes shop

[Dystopia]

[KUSA]

What if my religion was Satanism and I wore a a devil mask? Should they hire me if I insisted on wearing it on the job?

[TheRealJoeFish]

Roughly, the Court ruled that she did not have to ask for a religious exemption in order to prevent A&F from denying her a job based on her headscarf. The pertinent facts were:

1) A&F had a "no hats/headwear" policy (not to mention a lot of other appearance policies).
2) Plaintiff applied for a job while wearing a hijab.
3) It never came up during the interview that she was wearing the hijab for religious reasons.
4) A&F (correctly) assumed she was wearing the hijab for religious reasons, and denied her based on the "no headwear" policy, because she had not asked for a religious accommodation.
5) Plaintiff sued for violation of religious rights.
6) A&F responded: she never asked for an accommodation.

So, the question is, do you have to have asked for an accommodation in order to bring this kind of claim? The Supreme Court, overturning the Circuit Court, said no. The rough reasoning, if I recall correctly, was "clearly, if you have a reasonable belief that someone's behavior is protected by antidiscrimination law, you can't fire them (or refuse to hire them) for it even though they haven't come out and assured you it is."

I think it was CJ Roberts who asked A&F something along the lines of "so, if a Sikh man with a turban, a Muslim with a turban, and a Nun walked into A&F, the burden would be on them to explain to you that they weren't just wearing those things as a fashion statement?"

Edit: Do note that, after the decision was announced, A&F was quick to point out that the Plaintiff hadn't won her discrimination claim, she'd just won the right to bring it in court.

[Minimalist]

Apparently the court ruled that Abercrombie was supposed to read her mind.

The Supreme Court had to decide whether Elauf was required to ask for a religious accommodation to allow her to wear the scarf in order for the company to be sued under the 1964 Civil Rights Act, which among other things bans employment discrimination based on religious beliefs and practices.

Despite wearing the head scarf, she did not specifically say that, as a Muslim, she wanted the company to give her a religious accommodation.

[Jenny A]

I think a secular country should accommodate a religious headscarf as long as it really doesn't interfere with the job. In most stores it wouldn't, but in a high fashion salon were the employees are expected to look like living manikins, it might. Obviously it would be a problem were she trying out for a part in a play or as a fashion model.

A devil mask is a bit different. So is a scarf hiding the face. There are good reasons why an employer and customers would want to see the face of the person they are dealing with.

[Minimalist]

"Excuse me, miss.  Do you have this in something even blacker?"

[rexbeccarox]

I think it's bullshit that it's even a question. Work often requires uniforms or dress codes, and if you can't comply with those things, you shouldn't have the job.

Back in the time I owned my shop (a crafting workshop where we made, among other things, jewelry and clothing), I was adamant that my employees dress neatly and stylishly. Would I be facing discrimination charges if I didn't hire someone from the Quiverfull movement because she insisted on wearing old-fashioned clothes? Screw that: my business; my rules.

[Secular Elf]

I think a secular country should accommodate a religious headscarf as long as it really doesn't interfere with the job.  In most stores it wouldn't, but in a high fashion salon were the employees are expected to look like living manikins, it might.   Obviously it would be a problem were she trying out for a part in a play or as a fashion model.

A devil mask is a bit different.  So is a scarf hiding the face.  There are good reasons why an employer and customers would want to see the face of the person they are dealing with.

Yeah, certain accommodations should be allowed, on a case by case basis.  I know Sikhs wear their traditional turbans, once saw a truck driver wearing one.  They also have the traditional dagger that they wear.  So one could argue that is ok to wear the turban but not ok to wear the dagger, for security reasons, though Sikhs are usually, that I am aware of, more peaceful than most other religions from the Indian subcontinent. 

[Dystopia]

[JuliaL]