USA: SCOTUS rules in favor of Muslim woman denied job because of her hijab

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"This ruling aligns with American values of freedom of religion and practice. It is critical to the success of our diverse nation that companies learn from this and adapt their policies to work in the 21st century."

Ahmadiyya Times | News Watch | US Desk
Source/Credit: Germantown Islam Examiner
By Shahina Bashir | June 4, 2015

While European countries are putting restrictions on Muslimwomen’s right to don the hijab (veil) in public places, America has continued to uphold the Constitution as put forth by the Founding Fathers. Despite the growing Islamophobia led by some well funded anti-Muslims, the government is standing by the rights of all citizens of the country. Monday’s ruling by the US Supreme Court, with an 8-1 vote (Justice Clarence Thomas was the one dissenting), in favor of the federal Equal Employment Opportunity Commission (EEOC) was a giant victory for American Muslim women. Samantha Elauf had sued the retailer Abercrombie & Fitch for refusing to hire her because of her hijab which she wears as a religious obligation. The company argued that Elauf’s headscarf violated their “look policy”.

Samantha Elauf was 17 in 2008 when she applied for a sales position at the Abercrombie & Fitch clothing store at the Woodland Hills Mall in Tulsa, Oklahoma. At the time of her job application she had worn a headscarf as part of her religious obligation. The company declined to hire Elauf and gave the reason that her hijab contradicts their dress code which they referred to as “classic East Coast collegiate style”.

The Oklahoma chapter of the Council on American-Islamic Relations (CAIR) filed Elauf’s complaint with the federal Equal Employment Opportunity Commission (EEOC) in 2008. In December 2014, CAIR’s national office submitted an amicus (“friend of the court”) brief in the case. The argument laid out in the brief was simply to emphasize and educate prospective employers that “Religiously-motivated dress and grooming practices are both widespread and deeply embedded within the American Muslim community…Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against individuals because of their religion and imposes an obligation on employers to reasonably accommodate the religious practices of an employee or job applicant.”

In its defense Abercrombie & Fitch said that the company was unaware that Samantha Elauf wore the hijab for religious reasons. A lower court ruled that the company was not guilty of discrimination because the applicant did not explicitly request a specific religious accommodation.

"The Tenth Circuit's explicit notice rule would, if adopted by the Supreme Court in this case, permit an employer to discriminate against a job applicant on the basis of her religion without legal consequence if the applicant does not know that she must expressly state her need for a religious accommodation, even when she is unaware of employer policies that would require it," said William Burgess, CAIR's senior staff attorney. "This creates a loophole in the law that undermines the core legislative purpose of Title VII, which was enacted to prohibit employment discrimination."

In its ruling the Supreme Court stated in part:

"[R]eligious practice is one of the protected characteristics that cannot be accorded disparate treatment and must be accommodated. . .Title VII does not demand mere neutrality with regard to religious practices that they be treated no worse than other practices. Rather, it gives them favored treatment. . .Title VII requires otherwise-neutral policies to give way to the need for an accommodation."

Regarding Samantha Elauf’s victory, CAIR’s National Executive Director Nihad Awad commented by saying, "We welcome this historic ruling in defense of religious freedom at a time when the American Muslim community is facing increased levels of Islamophobia." He further added, "We applaud Samantha's courage in standing up for her rights by contacting CAIR, which led to the EEOC lawsuit and to our amicus brief filed with the court."

The Supreme Court’s ruling reverberated with many American Muslims. Dr. Nasim Rehmatullah, Senior Vice President of the Ahmadiyya Muslim Community, USA stated, “This ruling aligns with American values of freedom of religion and practice. It is critical to the success of our diverse nation that companies learn from this and adapt their policies to work in the 21st century.”

Saima Sheikh, spokeswoman for the Ahmadiyya Muslim Community also welcomed the Supreme Court’s ruling in favor of Samantha Elauf. “As a Muslim woman who wears the hijab, the Supreme Court’s decision was a great victory for Muslim women and other minorities. We live in a diverse nation and for an employer to deny employment to someone based on their appearance is disheartening. The Ahmadiyya Muslim Community, USA has championed the Islamic principles of justice and religious freedom in all affairs of government. This Supreme Court ruling advances these causes, and we hope to see them continue,” Ms. Sheikh remarked.

Nusrat Qadir, a neonatal intensive care unit nurse in New York City, who wears the hijab is fortunate enough to not have been a subject of discrimination at work. However, she sees Elauf’s win as a positive step for hijab-wearing Muslim women who join the workforce. "As an American Muslim working woman, I am grateful for the ruling granted by the Supreme Court prohibiting discrimination towards those who wear the hijab. This ruling enables Muslim women a fair opportunity to earn a living without having to sacrifice modesty as prescribed in Islam. Americans everywhere can rejoice that the foundation of our nation to be a home for freedom of religion was upheld with this decision.”

Equal Employment Opportunity Commission, Petitioner v. Abercrombie & Fitch Stores, Inc. is a case that shows that in a country with such vast diversity of people from different faiths and backgrounds, employers will have to educate themselves about how to make religious accommodations for the employees. It could be a Sikh person’s requirement to wear a turban, an Orthodox Jew wearing a yarmulke, a Muslim man sporting a beard, or a Muslim woman in a hijab. The prospective employee should not have to let the employer know at the time of the application the need for an accommodation based on his religion.




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