In EEOC V. Abercrombie Ruling, A Wide Range Of Winners

Law360, New York (June 2, 2015, 12:31 PM EDT) -- On June 1, 2015, in an 8-1 decision in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc., the U.S. Supreme Court put employers on notice that they may be held liable for rejecting prospective employees based on their apparent religious practices — even if an applicant never mentions religion.

The decision was a victory first of all for Samantha Elauf, a young Muslim job seeker who interviewed in a headscarf, or hijab, that supposedly clashed with the preppy retailer's image. Many teenage job applicants would have taken Abercrombie's rejection as the way of the world, choked back their...

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