Abercrombie Loses Supreme Court Case

On June 1, 2015, the Supreme Court ruled that retailer Abercrombie & Fitch discriminated against a Muslim applicant because it refused to hire her due to the fact that she wore a head scarf.

"Title VII forbids adverse employment decisions made with a forbidden motive,” Justice Scalia said from the bench, “whether this motive derives from actual knowledge, a well-founded suspicion or merely a hunch.”

Further elaborating in his opinion, Justice Scalia wrote "An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions." 

Originally the Court of Appeals for the 10th Circuit overturned the trial judge's ruling, stating that since the applicant did not state that she wore a head scarf for religious reasons, that Abercrombie & Fitch had not violated Title VII.  However, as you can see, Justice Scalia did not agree with that.

To read the full case, click here. 

If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.