Samantha Elauf was denied a sales job at a clothing store (Abercrombie Kids store) in Oklahoma because she wore a head scarf for religious reasons in 2008

Source: cnn.com

Samantha Elauf and her mother Majda Elauf of Tulsa, Oklahoma, pose for photographers outside the U.S. Supreme Court after the court heard oral arguments in EEOC v. Abercrombie & Fitch February 25, 2015 in Washington, DC. | Getty

The court ruled 8-1 that the company failed to accommodate Samantha Elauf’s religious needs when she was not hired on the basis that her hijab violated company dress policy. Justice Clarence Thomas dissented with part of the ruling but concurred with the rest.

Abercrombie & Fitch argued that Elauf couldn’t succeed without first showing that the employer had “actual knowledge” of her need for a religious accommodation. But the Court disagreed, and sent the case back down to the lower court for further consideration.

“An applicant need show only that his need for an accommodation was a motivating factor in the employer’s decision, not that the employer had knowledge of his need,” Justice Antonin Scalia wrote for the majority.

The case was being closely watched by other retailers with so called “look policies” as well as religious liberty groups who believe that an employee shouldn’t have to explain their religious justification if the employer already has reason to know it.

The controversy began in 2008 when then 17-year-old Samantah Elauf sought a job with the retailer. Prior to the interview, Elauf was nervous she might not be hired because of the black headscarf that she wears for religious reasons. She interviewed with assistant manager Heather Cooke, however, and although she was told that the company’s “look policy” meant she shouldn’t wear a lot of make up, black clothing or nail polish, her head scarf never came up.

Read more at cnn.com