Samantha Elauf, a teenager wore a headscarf or hijab as part of her Muslim faith. She applied
Question:
Samantha Elauf, a teenager wore a headscarf or hijab as part of her Muslim faith. She applied for a job at an Abercrombie & Fitch store in her hometown of Tulsa, Oklahoma. She was denied hire for failing to conform to the company's "look policy," which Abercrombie claimed banned head coverings. There is a federal statute that states as follows: Title VII of the Civil Rights Act of 1964, which, inter alia, prohibits a prospective employer from refusing to hire an applicant because of the applicant's religious practice when the practice could be accommodated without undue hardship. The Civil Rights Act of 1964 is a federal law.
1. Is there a possible issue?
2. If Elauf was to file a lawsuit- what court would be appropriate to hear the lawsuit- federal or state or both?
3. Do you think there is a possible legal issue if Abercrombie compels Samantha Elauf to take off her headscarf if she works for Abercrombie?
4. What amendment(s) is/are at issue?
5. Do you think Abercrombie has a strong argument that in order to maintain its look policy- (how they think their employees should look to support their brand), Elauf should compromise her religious beliefs?
6. was there a case that dealt with this fact pattern and how did Court rule?