US Supreme Court to Start Hearing Muslim Hijab and Discrimination Case Today

Epigraph:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press.” — First Amendment to the United States Constitution

US Supreme Court

US Supreme Court

Supreme Court to hear religious freedom case

Updated 7:24 PM ET, Tue February 24, 2015

Washington (CNN) Samantha Elauf was apprehensive to interview for a sales job at retailer Abercrombie & Fitch in 2008 because the 17 year old wore a headscarf in accordance with her Muslim faith. But a friend of hers, who worked at the store, said he didn’t think it would be a problem as long as the headscarf wasn’t black because the store doesn’t sell black clothes.

Ultimately Elauf failed to get the job, and her story has triggered a religious freedom debate regarding when an employer can be held liable under civil rights laws . The Supreme Court will hear the case on Wednesday.

Like many retailers Abercrombie has a “look policy” aimed to promote what it calls its “classic East Coast collegiate style of clothing.”

When Elauf sat down with assistant manager Heather Cooke to formally interview for the job, neither the headscarf nor religion ever came up. Cooke did refer to the policy, however, telling Elauf that employees shouldn’t wear a lot of make up, black clothing or nail polish.

Cooke thought Elauf was qualified for the job, but after the interview sought approval from her district manager regarding the headscarf. She says she told the manager that she assumed Elauf was Muslim and figured she wore the headscarf for religious reasons. The manager told her that Elauf should not be hired because the scarf was inconsistent with the “look policy.”

A federal agency, the Equal Employment Opportunity Commission sued on Elauf’s behalf saying the store had discriminated on the basis of religion in violation of Title VII of the Civil Rights Act of 1964.

The law makes it illegal for an employer to “fail or refuse to hire” an individual because of an individual’s religion unless an employer demonstrates that he is unable to reasonably accommodate a religious observance or practice “without undue hardship on the conduct of the employer’s business.”

Abercrombie does not dispute that Elauf was not hired because of her headscarf. The company says its “look policy” is neutral on religion, but that employees are not allowed to wear headgear.

Although Elauf won at the district court level, a federal appeals court ruled in favor of Abercrombie holding that the employer could not be held liable because Elauf never informed the company that she wore the scarf for her religious beliefs and that she need an accommodation because her headscarf conflicted with the store’s clothing policy.

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Additional Reading

The Holy Prophet Muhammad honored as a great law-giver by US Supreme Court, since 1935

5 replies

  1. Surah An-Naba (News or Event) Chapter 78 By Sheikh Mishary Al-Afasy
    The Name Of Allah The Most Gracious The Most Merciful

    1. About what are they asking one another?

    2. About the great news –

    3. That over which they are in disagreement.

    4. No! They are going to know.

    5. Then, no! They are going to know.

    6. Have We not made the earth a resting place?

    7. And the mountains as stakes?

    8. And We created you in pairs

    9. And made your sleep [a means for] rest

    10. And made the night as clothing

    11. And made the day for livelihood

    12. And constructed above you seven strong [heavens]

    13. And made [therein] a burning lamp

    14. And sent down, from the rain clouds, pouring water

    15. That We may bring forth thereby grain and vegetation

    16. And gardens of entwined growth.

    17. Indeed, the Day of Judgement is an appointed time –

    18. The Day the Horn is blown and you will come forth in multitudes

    19. And the heaven is opened and will become gateways

    20. And the mountains are removed and will be [but] a mirage.

    21. Indeed, Hell has been lying in wait

    22. For the transgressors, a place of return,

    23. In which they will remain for ages [unending].

    24. They will not taste therein [any] coolness or drink

    25. Except scalding water and [foul] purulence –

    26. An appropriate recompense.

    27. Indeed, they were not expecting an account

    28. And denied Our verses with [emphatic] denial.

    29. But all things We have enumerated in writing.

    30. “So taste [the penalty], and never will We increase you except in torment.”

    31. Indeed, for the righteous is attainment –

    32. Gardens and grapevines

    33. And full-breasted [companions] of equal age

    34. And a full cup.

    35. No ill speech will they hear therein or any falsehood –

    36. [As] reward from your Lord, [a generous] gift [made due by] account,

    37. [From] the Lord of the heavens and the earth and whatever is between them, the Most Merciful. They possess not from Him [authority for] speech.

    38. The Day that the Spirit and the angels will stand in rows, they will not speak except for one whom the Most Merciful permits, and he will say what is correct.

    39. That is the True Day; so he who wills may take to his Lord a [way of] return.

    40. Indeed, We have warned you of a near punishment on the Day when a man will observe what his hands have put forth and the disbeliever will say, “Oh, I wish that I were dust!”

    JazakAllah Khair for watching
    ENGLISH WITH SHORT COMMENTARY http://www.alislam.org/quran/tafseer/?page=1218&region=EN

    Chapter 77 Al-Mursalat
    Chapter 78 Al-Naba’
    http://www.alislam.org/quran/tafseer/?page=1219&region=EN

    Chapter 79 Al-Nazi`at

  2. Let us see if US supreme court uphold the First Amendment, in reference to Muslim women?

    First Amendment to the United States Constitution was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. It states:

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

  3. Surah An-Naba سُوۡرَةُ النّبَإِ Sheikh Shuraim – English & Arabic Translation
    AlQuran HD
    https://www.youtube.com/watch?v=7l3piQRNPxk Surat An-Naba’ (The Tidings)(Announcement) – سورة النبإ http://quran.com/78 http://quran.al-islam.org/
    The Noble Quran ,Multilingual Quran
    In The Name of Allah The Gracious The Merciful
    1}عَمَّ يَتَسَاءَلُونَ {1}
    عَنِ النَّبَإِ الْعَظِيمِ {2}
    الَّذِي هُمْ فِيهِ مُخْتَلِفُونَ {3}
    كَلَّا سَيَعْلَمُونَ {4}
    ثُمَّ كَلَّا سَيَعْلَمُونَ {5}
    أَلَمْ نَجْعَلِ الْأَرْضَ مِهَادًا {6}
    وَالْجِبَالَ أَوْتَادًا {7}
    وَخَلَقْنَاكُمْ أَزْوَاجًا {8}
    وَجَعَلْنَا نَوْمَكُمْ سُبَاتًا {9}
    وَجَعَلْنَا اللَّيْلَ لِبَاسًا {10}
    وَجَعَلْنَا النَّهَارَ مَعَاشًا {11}
    وَبَنَيْنَا فَوْقَكُمْ سَبْعًا شِدَادًا {12}
    وَجَعَلْنَا سِرَاجًا وَهَّاجًا {13}
    وَأَنْزَلْنَا مِنَ الْمُعْصِرَاتِ مَاءً ثَجَّاجًا {14}
    لِنُخْرِجَ بِهِ حَبًّا وَنَبَاتًا {15}
    وَجَنَّاتٍ أَلْفَافًا {16}
    إِنَّ يَوْمَ الْفَصْلِ كَانَ مِيقَاتًا {17}
    يَوْمَ يُنْفَخُ فِي الصُّورِ فَتَأْتُونَ أَفْوَاجًا {18}
    وَفُتِحَتِ السَّمَاءُ فَكَانَتْ أَبْوَابًا {19}
    وَسُيِّرَتِ الْجِبَالُ فَكَانَتْ سَرَابًا {20}
    إِنَّ جَهَنَّمَ كَانَتْ مِرْصَادًا {21}
    لِلطَّاغِينَ مَآبًا {22}
    لَابِثِينَ فِيهَا أَحْقَابًا {23}
    لَا يَذُوقُونَ فِيهَا بَرْدًا وَلَا شَرَابًا {24}
    إِلَّا حَمِيمًا وَغَسَّاقًا {25}
    جَزَاءً وِفَاقًا {26}
    إِنَّهُمْ كَانُوا لَا يَرْجُونَ حِسَابًا {27}
    وَكَذَّبُوا بِآيَاتِنَا كِذَّابًا {28}
    وَكُلَّ شَيْءٍ أَحْصَيْنَاهُ كِتَابًا {29}
    فَذُوقُوا فَلَنْ نَزِيدَكُمْ إِلَّا عَذَابًا {30}
    إِنَّ لِلْمُتَّقِينَ مَفَازًا {31}
    حَدَائِقَ وَأَعْنَابًا {32}
    وَكَوَاعِبَ أَتْرَابًا {33}
    وَكَأْسًا دِهَاقًا {34}
    لَا يَسْمَعُونَ فِيهَا لَغْوًا وَلَا كِذَّابًا {35}
    جَزَاءً مِنْ رَبِّكَ عَطَاءً حِسَابًا {36}
    رَبِّ السَّمَاوَاتِ وَالْأَرْضِ وَمَا بَيْنَهُمَا الرَّحْمَٰنِ ۖ لَا يَمْلِكُونَ مِنْهُ خِطَابًا {37}
    يَوْمَ يَقُومُ الرُّوحُ وَالْمَلَائِكَةُ صَفًّا ۖ لَا يَتَكَلَّمُونَ إِلَّا مَنْ أَذِنَ لَهُ الرَّحْمَٰنُ وَقَالَ صَوَابًا {38}
    ذَٰلِكَ الْيَوْمُ الْحَقُّ ۖ فَمَنْ شَاءَ اتَّخَذَ إِلَىٰ رَبِّهِ مَآبًا {39}
    إِنَّا أَنْذَرْنَاكُمْ عَذَابًا قَرِيبًا يَوْمَ يَنْظُرُ الْمَرْءُ مَا قَدَّمَتْ يَدَاهُ وَيَقُولُ الْكَافِرُ يَا لَيْتَنِي كُنْتُ تُرَابًا {40}
    [Shakir 78:1] Of what do they ask one another?
    [Pickthal 78:1] Whereof do they question one another?
    [Yusufali 78:1] Concerning what are they disputing?
    [Pooya/Ali Commentary 78:1]qa Mahdi Puya says:

    Naba-il azim (the great news) here and in verse 67 of Sad, refers to the vicegerency of man to represent Allah on the earth in order to exercise authority on His behalf, i.e. imamah or wilaya
    Shakir 78:7] And the mountains as projections (thereon)?
    [Pickthal 78:7] And the high hills bulwarks?
    [Yusufali 78:7] And the mountains as pegs?
    [Pooya/Ali Commentary 78:7] (see commentary for verse 6)
    [Shakir 78:8] And We created you in pairs,
    [Pickthal 78:8] And We have created you in pairs,
    [Yusufali 78:8] And (have We not) created you in pairs,
    [Pooya/Ali Commentary 78:8] (see commentary for verse 6)
    [Shakir 78:9] And We made your sleep to be rest (to you),
    [Pickthal 78:9] And have appointed your sleep for repose,
    [Yusufali 78:9] And made your sleep for rest,
    [Pooya/Ali Commentary 78:9] (see commentary for verse 6)
    [Pooya/Ali Commentary 78:6]
    Refer to the commentary of Rad: 3 and 4; Ha Mim: 9 and 10; Hijr: 19; Nahl: 15; Muminun: 17; Furqan: 61 ; Ahzab: 46; Ya Sin: 33 to 36; Talaq: 12; Mulk: 3 and Nuh: 15 and 16 for the expanse of the earth, mountains, seven heavens and the sun.

    The spacious expanse of the earth, the rain and the abundant harvests, the succession of night and day, the firmaments above with their splendid lights are the signs of Allah with which man is affiliated. These point to a future life. The universe and the laws governing the universe have been created to serve man in his physical, mental and spiritual endeavours on the basis of which Allah shall sort out good and evil on an appointed day with justice and authority as mentioned in subsequent verses.

  4. Veil is a sign of woman liberation from Current Naked liberalism, unethical fashion, social harassment, over consciousness about figure etc and become a sex icon and toy of the troy.
    Veil is not mere name of piece of cloth but it also has complete women education and training to enjoy her full, fledge life without any fear and become tradable commodity and symbol of enjoyment.
    Europe is needlessly focussing the “veil issue” which relates to the lives of a very small portion of European society. It is estimated that there are only about 2000 Muslim women in France and 30 in Belgium who wear burqa. European Establishments concern with the affairs of such a tiny minority represents a clear instance of cultural bigotry. Those wearing burqa were ridiculed as “walking-coffins” or ” asymmetrical cylinders”. In very cold winter people walk about with scarves tightly wrapped around their face. In those cases no security issue arises, but the wearing of burqa raises security concern. Burqa is regarded as a symbol of male domination by the self-proclaimed torchbearers of liberty but they do not know that Islam gave women the rights that the west could not even think about till 20th century. Burqa is worn as a matter of choice. Nowadays young women choose to wear full veil seeing it as a powerful statement of identity, The parliaments of various European countries are voting to legislate the banning of the veils, In Switzerland a ban on minarets was imposed. The campaign against Islamic symbols is on the rise because of a sense of insecurity in some Europeans. A ban on the burqa is bound to widen the differences rather than bridging them. It will just encourage discrimination against Muslims in European society.

    Niqab is part of freedom of expression and religion. It might be something you don’t like or respect, but it is the choice of women to make, if they want to cover their faces then they should and in many societies are free to do so.
    Wearing the Niqab has never been a security threat, and if one was to say in case it becomes a security threat, let’s BAN women from expressing their beliefs and determining for themselves what they want, then I say INCREASE and IMPROVE the security of institutions.
    There might be some Muslims who deny the niqab as having any legitimate basis in Islam, but when faced with evidence from Islamic traditions, I wonder, what evidence to they bring to support their preposterous arguments.
    And, Let’s for the sake of the argument say this has nothing to do with Islam, it still has everything to do with the right of women to determine for themselves how they want to dress.
    According to some western feminists, ban on burqa is violation of fundamental human right to choice for dress. To them the law does not aim at defending Muslim women rights but restricting the same. The burqa ban is, in fact, liberticidal, they argue. And it will not defend women dignity but increase racist aggression against Muslim women wearing veils.
    The niqab, hijab, and burqa are all Islamic, as they have been customary in parts of the Muslim world and are bound up in Muslim scripture and tradition for hundreds of years. Such clothes may very well have been inherited by Islam from pre-Islamic cultures, too. But that doesn’t change the fact that the clothes are closely identified with Islam. As for any rules REQUIRING or BANNING clothes are unnecessary.
    Not covering whole face or not is up to interpretation of various schools of thought and they shall be accountable on their intentions behind interpretation but I have numerous examples around me where women are doing complete veil and they are very much professional and active in every walk of life and living a very “respectable” and healthy life along with every contemporary suitable fashion and ornaments they may feel comfortable with.
    IA
    http://www.londonschoolofislamics.org.uk

  5. http://www.londonschoolofislamics.org.uk says:
    http://www.lsi.com.temporary-domain.com/DiscView.asp?mid=50119&forum_id=2&
    The British establishment is wrong in thinking that Imams are to blame for extremism. Imams are not solution to the problem for extremism. Extremism is nothing to do with Imams. Extremism is not created from abroad, it is coming from within. Britain fails to help Muslim communities feel part of British society. Race trouble is being predicted by the Daily Express, because of an ethnic boom in UK major cities. Muslim communities need imams for the solutions of their needs and demands in their own native languages. Muslim parents would like to see their children well versed in Standard English and to go for higher studies and research to serve humanity. The fact is that majority of Muslim children leave schools with low grades because monolingual teachers are not capable to teach Standard English to bilingual Muslim children. A Muslim is a citizen of this tiny global village. He/she does not want to become notoriously monolingual Brit.

    My Note”: It is the responsibility of parents and the Imams ,and the mosque and the state.The state and the parents should watch the imams that their kids are going to home.Parents have to have upper hand in the internet skills and social media.Parents can at least talk to them
    about the time that their children are spending on the social media. Parents can instill love and fear of Allah or God in them.It is a joint venture.

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