EEOC V. ABERCROMBIE & FITCH STORES, INC. (U.S. SUPREME COURT, 2014)

At issue in this case is whether or not employees must be the ones to broach the topic of religious accommodations in the workplace, even if it an obvious accommodation. The plaintiff in this case, a Muslim woman who wore a headscarf/hijab, applied for a sales position at Abercrombie & Fitch. During the interview, there was no discussion about if or how the applicant’s hijab would be acceptable under the store's "Look Policy." Although the plaintiff scored high enough to be hired, Abercrombie reduced the score and failed to hire her. ADL’s brief emphasized the importance of Title VII's protection against religious discrimination, explained how the Tenth Circuit's rule undermines both Title VII's central purpose and its central "bilateral cooperation" mechanism, and urged the Court to take care not to endorse customer preference as a component when considering undue hardship.