10th Circ. Flips Hijab Discrimination Ruling For Abercrombie

By Alex Lawson (October 1, 2013, 8:16 PM EDT) -- The Tenth Circuit on Tuesday reversed a lower court's ruling that Abercrombie & Fitch Stores Inc.'s refusal to hire a Muslim woman for wearing a hijab amounted to religious discrimination, finding the woman had an obligation to inform the company she wore the garment for religious reasons.

In a 95-page opinion, the panel determined that an Oklahoma federal judge had erred when granting summary judgment to the U.S. Equal Opportunity Employment Commission because the employee's obligation to notify the clothing chain of her religion is one of the three hurdles the government had to meet to make a prima facie case...

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