- Do you understand the Court’s reasoning? Explain.
- If you were the employer who was not told of the religious conflict, but you were held responsible for it, how would you feel?
- Is question 2 really a fair question if the employer even suspected that the scarf may have been for religious reasons? Do you understand why it would make no difference under the law if the employer knew or did not know? Explain.
Issue: Whether an employer can use an applicant’s wearing of a headscarf as the basis of a refusal to hire if the employer suspects the headscarf is for religious reasons even if the employer has a mode of dress he prefers employees to wear.
Facts: A 17-year old highly qualified applicant applied for a position at Abercrombie & Fitch clothing store, wearing a headscarf. The interviewer rated the applicant as qualified to be hired, but was concerned that the headscarf would violate the store’s Look Policy which forbade the wearing of caps. Receiving no clarification from the store manager, the interviewer spoke with the district manager and told him she thought the scarf was for religious reasons. She was told that the scarf would violate the Look Policy regardless of why it was worn. The applicant was not hired and sued A&F for religious discrimination and won. A&F argued that there should be
