Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: Religious Liberty and the Abercrombie Hijab Case
Explainer: Religious Liberty and the Abercrombie Hijab Case
Apr 20, 2025 2:53 PM

In the case of Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., the U.S. Supreme Court ruled on Monday that employers must offer a reasonable modation for an employee’s religious practices. Here is what you should know about that case.

What was the issue that sparked the lawsuit?

Samantha Elauf, a 17-year-old Muslim girl from Tulsa, Oklahoma, applied for a job at Abercrombie, a preppy clothing retailer, in 2008. After being interviewed by Heather Cooke, the store’s assistant manager, Elauf was given a rating that qualified her to be hired. However, the store has a policy forbidding employees to wear “caps.” Cooke informed her district manager that she believed Elauf wore her headscarf because of her faith. Her manager said that Elauf ’s headscarf would violate the store’s dress code, as would all other headwear, religious or otherwise, and directed Cooke not to hire Elauf.

The EEOC sued Abercrombie on Elauf ’s behalf, claiming that its refusal to hire Elauf violated Title VII of the Civil Rights Act of 1964. Title VII prohibits a prospective employer from refusing to hire an applicant in order to avoid modating a religious practice that it could modate without undue hardship. Abercrombie claimed that dress policy wasn’t discriminatory because it applied to all head coverings. In addition, they claim, Elauf had not even requested a religious modation.

The question presented to the Supreme Court was whether this Title VII prohibition applies only where an applicant has informed the employer of his need for an modation.

What was the ruling of the Court?

The Tenth Circuit appeals court had ruled that for pany to violate Title VII’s ban on religious bias in the workplace, the employer would have to specifically know that that a job applicant needs an exception from a work rule to satisfy religious dictates. The Supreme Court ruled that this was a misinterpretation of what Title VII requires. As Lyle Denniston explains,

Even if the applicant does not inform the management of a religious practice, the 1964 civil rights law may be enforced against any employer who refuses to make an exception for that worker, when that refusal is based on at least a suspicion or hunch that the worker follows such a practice and wants to keep doing so, even if contrary pany policy.

What was the basis for that ruling?

Title VII’s “disparate-treatment provision” forbids employers from failing to hire an applicant because of the individual’s religion (which includes his religious practice). If an employer refused to hire someone because doing so would require them to modate a religious practice, then they would be violating Title VII. As Justice Scalia said, “Failing to hire for that reason is synonymous with refusing to modate the religious practice.” [Emphasis in original] Scalia added,

Thus, the rule for disparate-treatment claims based on a failure to modate a religious practice is straightforward: An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions. For example, suppose that an employer thinks (though he does not know for certain) that a job applicant may be an orthodox Jew who will observe the Sabbath, and thus be unable to work on Saturdays. If the applicant actually requires an modation of that religious practice, and the employer’s desire to avoid the prospective modation is a motivating factor in his decision, the employer violates Title VII

Which Justices supported the ruling?

The decision was 8-1 in favor of Elauf. Justice Clarence Thomas was the only vote in favor of upholding the Tenth Circuit decision. In his dissenting opinion he wrote,

Unlike the majority, I adhere to what I had thought before today was an undisputed proposition: Mere application of a neutral policy cannot constitute “intentional discrimination.” Because the Equal Employment Opportunity Commission (EEOC) can prevail here only if Abercrombie engaged in intentional discrimination, and because Abercrombie’s application of its neutral Look Policy does not meet that description, I would affirm the judgment of the Tenth Circuit.

Why should Christians care about this case?

While not every religious practice can be reasonably practiced at one’s job, those that can be modated should be modated. Just as no American should be required to set aside their conscience when they show up for work, there is no reason why non-disruptive religious practices—such as wearing a headscarf—should be excluded without sufficient cause. Religion is too important to be left at the door of a believer’s workplace.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Book Review: ‘Created for Greatness: The Power of Magnanimity’ by Alexandre Havard
By the end of January, most of us have given up on our New Year’s resolutions. These are goals we enthusiastically set during the silent nights of self-reflection that Christmas affords us. We contemplate our Savior’s magnificent and humble life in contrast with our own feeble and self-seeking, sinful existence. We intensely desire personal renewal to e holier and nobler persons; yet, alas, we lack the will to actualize our true human potential. Many blame the failure mit on laziness...
Audio: Jordan Ballor on the Morality of Using Natural Resources
Jordan Ballor Acton Institute Research Fellow and Executive Editor of the Journal of Markets & Morality Jordan J. Ballor was a guest on Austin Hill in the Morningin late January on the Faith Radio Network to discuss the morality of resource extraction and use. Should Christians support efforts to drill for more oil and the use of new techniques to draw more of these resources from the Earth, or should they push for a new approach to energy creation and...
Audio: Jordan Ballor on Honesty in Science
On February 7th, Christopher Booker of Britain’s The Telegraphcaused a stir with his column entitled “The fiddling with temperature data is the biggest science scandal ever.” Booker remarked: When future generations look back on the global-warming scare of the past 30 years, nothing will shock them more than the extent to which the official temperature records – on which the entire panic ultimately rested – were systematically “adjusted” to show the Earth as having warmed much more than the actual...
Book Giveaway: Win All 4 Primers on Faith, Work, and Economics!
ThroughChristian’s Library Press, the Acton Institute has publishedfour tradition-specific primers on faith, work, and economics, including Baptist, Wesleyan,Pentecostal,andReformed perspectives. Each offers a distinct contribution to the subject, and when taken together provides a rich and coherent framework forChristian stewardship. The books are part of Acton’s growingOikonomia Series. This week, Acton and CLP will be giving away plete sets of the series (that’s 4 books totalfor each winner!), including Chad Brand’s Flourishing Faith,David Wright’s How God Makes the World a Better...
Now Available: ‘A Treatise on Money’ by Luis de Molina
CLP Academic has now releasedA Treatise on Money, a newly translated selection from Luis de Molina’s larger work,On Justice and Right (De iustitia et iure). The release is part of the growing series from Acton:Sources in Early Modern Economics, Ethics, and Law. Molina (1535–1600) was one of the most eminent theologians of the Jesuit order in the sixteenth century. Known widely for developing a theory of human freedom of action (and in turn, a new religious doctrine now known as...
A Price is Signal Wrapped in an Incentive to be Coordinated by God
When Christians think of the majesty of God’s handiwork we tend to think of the visible aspects of nature. We agree with King David that, “The heavens declare the glory of God; the skies proclaim the work of his hands” (Psalm 19:1). But there are intricate and beautiful aspects of God’s creative geniusthat we don’t often think about—or don’t think about as being created by God. Take, for instance, the price system. As economist Alex Tabarrok says in the video...
How Christianity Gave Us the Modern World
“Christianity undergirded the development of Western liberalism (in the old, good sense of the word),” says Rich Lowry. In fact, without Christianity there would probably not be anything like what we conceive as true liberty: The indispensable role of Christianity in the creation of individual rights and ultimately of secularism itself is the subject of the revelatory new intellectual historyInventing the Individual by Larry Siedentop. Here’s hoping that President Obama gives it a quick skim before he next takes the...
Mike Rowe on the minimum wage: There’s no such thing as a ‘bad job’
In the latest additiontoMike Rowe’s growing catalogof pointed Facebook responses, the former Dirty Jobs host tackles a question on the minimum wage, answering a man named “Darrell Paul,” who asks: The federal minimum wage is $7.25 and hour. A lot of people think it should be raised to $10.10. Seattle now pays $15 an hour, and the The Freedom Socialist Party is demanding a $20 living wage for every working person. What do you think about the minimum wage? How...
North Korea: We Don’t Need ‘Flashy Lights’
A NASA image released in February 2014 shows a night view of the Korean Peninsula. Apart from a spot of light in Pyongyang, North Korea is mostly cloaked in darkness, with China (top left) and South Korea (bottom right) on either side. -Reuters North Korea finally decided ment on the most famous image of the nation. Almost exactly one year ago, NASA released several photos of the earth at night, showing many brightly lit nations and a shockingly dark North...
What Happened to the Bill of Rights?
When the Founding Fathers were drafting the U.S. Constitution, they didn’t initially consider adding a Bill of Rights to protect citizens because it was deemed unnecessary. It was only afterthe Constitution’s supporters realized such a bill was essential to getting approved by the states that they proposed enumerating such rights in twelve amendments. (Ten amendments were ratified; two others, dealing with the number of representatives and with pensation of senators and representatives, were not.) The Bill of Rights was included...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved