Abercrombie and Fitch Case
The case arose when Samantha Elauf, then a teenager who wore a headscarf or hijab as part of her Muslim faith, applied for a job at Abercrombie & Fitch in Tulsa, Okla.
Heather Cooke, the store’s assistant manager, interviewed Elauf and gave her a rating that qualified her to be hired. But Cooke was concerned that Elauf’s headscarf might conflict with the store’s dress code. She sought guidance from the store manager to clarify whether the headscarf would be considered a forbidden "cap," per the store's employee dress code. When she got no answer from the store manager, she turned to Randall Johnson, the district manager, who told her that the headscarf would violate the store’s dress code, as would all other headwear, religious or not, and directed Cooke not to hire Elauf.
The EEOC sued on Elauf’s behalf, claiming that Abercrombie's refusal to hire her violated Title VII of the Civil Rights Act of 1964. The district court ruled for Elauf, but the 10th U.S. Circuit Court of Appeals decided in Abercrombie’s favor.
Questions:
-What type of employment discrimination here, disparate treatment or impact (explain your choice)? What employment laws had the company violated and why?
-If you are an HR manager working at Abercrombie & Fitch, what can you do to prevent the case like this happening?