by: the Common Constitutionalist
You may have heard about the 8-1 Supreme Court decision regarding a discrimination lawsuit brought by the federal Equal Employment Opportunity Commission (EEOC) on behalf of Samantha Elauf against Abercrombie and Fitch stores.
Ms. Elauf is a Muslim who wears a Hijab, a black headscarf, which A & F said would clash with the companies “Look Policy,” and thus did not hire her.
In 2013 the retailer confirmed to Business Insider that it doesn’t sell black clothing and “discourages its employees from wearing black.” It’s evidently well-known throughout A & F that CEO Michael Jeffries doesn’t care for black.
“Mike hates the color, and so we’re not supposed to wear it at work,” an anonymous employee told Business Insider.
A statement provided by the company read: “Abercrombie & Fitch does not sell black clothing and discourages wearing it at our home office and in our stores, because we are a casual lifestyle brand and feel black clothing is formal. We have nothing against black clothing and feel it is perfectly appropriate for things like tuxedos.”
Yesterday, the New York Times reported that “Justice Scalia, writing for seven justices, said Ms. Elauf did not have to make a specific request for a religious accommodation to obtain relief under Title VII of the Civil Rights Act of 1964, which prohibits religious discrimination in hiring.”