Elauf's Argument Against Discrimination

Improved Essays
In an interview after the courts ruling, The EEOC General Counsel, David Lopez stated, "We were extremely pleased with the Supreme Court ruling in our favor, which has reinforced our longstanding efforts to enforce Title VII's prohibition against religious discrimination," The EEOC continues to protect individuals against discrimination from employers, by investigating the accusations and trying to settle the charges. If they are not successful, they have the authority to file lawsuits. They also strive to prevent discrimination before it happens, by “outreach, education and technical assistance programs.”
This case also provides job applicants with a new level of civil rights protections when it comes to religious prejudice and religious accommodations in employment. For example, a job applicant whose religious
…show more content…
That way, both parties would have gotten the facts right and Abercrombie would have actual knowledge. Instead of an assumption which was ruled by the court as a motive not to hire her. However, instead of asking directly, if an applicant needs an accommodation because of their religion, interviewers should describe the relevant workplace policies, such as dress codes, grooming requirements, scheduling demands. Then, inquire whether applicants complied with those policies. This allows the employees to openly request an accommodation, while enabling the employer to obtain sufficient information and avoiding any discrimination claims. For example, employers can be held liable for discrimination, while being complete unaware that they are discriminating. Nonetheless, if they ask each applicant about their religion, that could lead to a separate discrimination claim. This could prompt undesirable lawsuits because such questions could incite suspicion of religious discrimination or be can be viewed as an act of discrimination towards

Related Documents

  • Improved Essays

    EQUAL EMPLOYMENT OPPORTUNITY Plaintiff, ABERCROMBIE & FITCH STORES, INC. dba ABERCROMBIE KIDS, Defendant, 2013, p. 4 line 2). The Look Policy requires employees to model Abercrombie-style clothes and keep their style in line with the “East Coast Collegiate style” that the company makes clothes for (U.S. EQUAL EMPLOYMENT OPPORTUNITY Plaintiff, ABERCROMBIE & FITCH STORES, INC. dba ABERCROMBIE KIDS, Defendant., 2013, p. 3 line 16). By wearing these types of clothes, the employees themselves become marketing for the company, and it is essential to the marketing strategy for employees to adhere to this (U.S. EQUAL EMPLOYMENT OPPORTUNITY Plaintiff, ABERCROMBIE & FITCH STORES, INC. dba ABERCROMBIE KIDS, Defendant., 2013, p. 4 line 2) However, Abercrombie has made several exceptions to the Look Policy, on a case-by-case basis (U.S. EQUAL EMPLOYMENT OPPORTUNITY Plaintiff, ABERCROMBIE & FITCH STORES, INC. dba ABERCROMBIE KIDS, Defendant., 2013, p. 4 line 25). As long as the employee is willing to largely wear the right type of clothes, Abercrombie has accommodated several religious needs, including accommodations for religious hijabs in some cases (U.S. EQUAL EMPLOYMENT OPPORTUNITY Plaintiff, ABERCROMBIE & FITCH STORES, INC. dba ABERCROMBIE KIDS, Defendant., 2013, p. 4 line 25).…

    • 1638 Words
    • 7 Pages
    Improved Essays
  • Superior Essays

    Avoid Religious Discrimination in HR Perspective Under Title VII of the Civil Rights Act of 1964, “employers must reasonably accommodate employees’ sincerely held religious, ethical and moral beliefs or practices unless doing so would impose an undue hardship on the employer” (EEOC). To provide religious accommodation, employers are supposed to offer adjustments to the work environment to avoid or solve conflict of employees’ religious belief and practices with workplace requirements. Common religious accommodations include flexible working time, modifications of policies, and job reassignment. From HR perspective,…

    • 1779 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    The reason that this case came to be was because of a young girl by the name of Samantha Elauf. She was applying for a job at an Abercrombie and Fitch store but was turned away because of her religion wear. Samantha is a practicing Muslim and wears the natural headscarf. But since her headscarf,…

    • 812 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Adjaha Djara Case Study

    • 797 Words
    • 4 Pages

    In the case of Adjaha Djara vs McFaddy Burger Joint I find that there was a discrimination based on religion. Plaintiff was unlawfully fired based on her religious beliefs. Religion discrimination violates the Title VII of the Civil Rights Act of 1964. There was no reason to be fired after Adjaha Djara was wearing head scarf. According to the McFaddy Burger Joint Dress Code Policy, employees are expected to wear uniform, consisting of company issued pants, shirt, and visor.…

    • 797 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Business Law Case Summary

    • 451 Words
    • 2 Pages

    Cooke stated that she assumed she was Muslim because of the headscarf, but the manager argued that they shouldn’t hire her because it “violated store policy” to wear a headscarf. A federal agency, the Equal Employment Opportunity Commission sued on Elauf's behalf arguing that the store had discriminated on the basis of religion in violation of Title VII of the Civil Rights Act of 1964. This law makes it illegal for an employer to “refuse or fail to hire” an individual because of their religion, unless he/she is unable to reasonably accommodate a religious observance or practice. Abercrombie does not dispute that Elauf was denied employment because of her headscarf. The company argued that its "look policy" is neutral on religion, but that employees are not allowed to wear headgear.…

    • 451 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    An entrepreneur chooses to run their business based upon their own morals, values, and beliefs. However, in recent years, the controversy has arisen that if business owners refusing to provide a service to a customer based on their sexuality is considered discriminatory. Throughout this essay, I will first describe how this issue has arose, give detailed examples of why it has developed, predict the extent of this issue in the future and create my policy implementing that All business owners reserve the right to refuse a service based upon a person’s sexuality if the owner feels as if their religious freedom is violated. When entering a restaurant there is usually a sign that says, “no shoes, no shirt, no service.” Is it fair for a business…

    • 1668 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    The workplace is one place where many people will meet with several different religious backgrounds. Should people just concentrate on what brought them to their place of employment or is it okay to talk about religious beliefs (Ettorre, 1996)?…

    • 1218 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Church Vs State

    • 763 Words
    • 4 Pages

    In most recent years, the United States has had current concerns with the issues on church and state. A particular concern with the separation of church and state was the citizens of the United States response of how closely the First Amendment and pillars of religious influence that dealt with this concerns for centuries. Historically speaking again, the United States has had its share of many cases addressing this matter. Many of the cases are on whether the separation of church and state is valid and what amendment speaks to it. A particular case that comes in mind is the Engel vs. Vitale case that dealt with the First Amendment.…

    • 763 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    9/11 Discrimination Case

    • 2013 Words
    • 9 Pages

    After 9/11 attack, there is a prosecute was apply by a lawyer who is Shelley Bryant is an employment discrimination lawyer in Fresno. This case is about a manager who is Muslim and was removed from his job in a national insurance company. The Muslim worker was removed from his job without following employment law of racial when he was being removed from the job. (). The reason of why he was fired by the company is because he chose not to participate to celebrate the war in Iraq in company meeting.…

    • 2013 Words
    • 9 Pages
    Superior Essays
  • Improved Essays

    While it may seem unfair for Fletro to be denied a job based on religion it is unfortunately constitutional. Unfortunately, Church of Latter-Day Saints V. Amos set a breaking exception for religious organizations to discriminate against persons for employment based on religion. Fletro can make a claim that this violates the establishment clause, but he is unlikely to win. A three-part test was established in Lemon V. Kurtzman for determining whether a state action violates the establishment clause. The states action must promote a secular legislature person and cannot advance nor inhibit religion.…

    • 524 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    The Effects of Religious Stereotypes in America The Civil Rights Act of 1964, a law passed to ban all discrimination based on race, color, sex, national origin, and religion, became a well known piece of history that widely influences our life today. However, there was a missed aspect to this act: the continuity of stereotypes, which discreetly led to unnoticed discrimination all over the country. Stereotypes are widely held, preconceived ideas of certain types of people. All over America, people view each other in specific ways due to these stereotypes, which is not always ideal, especially relating to religion. Specifically, many victims of religious stereotypes don’t receive the opportunities and recognition they deserve in professional…

    • 1450 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    The first amendment is the nucleus and appears to be the root of various political affairs in today’s modern society. From freedom of speech to the controversial subject matter of abortion; the first amendment contains multifarious deficiencies and is a profoundly disputed topic. Discrimination is one of the monumental aspects associated with this misconstrued amendment. Debate is very prevalent on the matter of whether it or not it should it be deemed unlawful for citizens to discriminate against minorities or gays without facing a consequence. The United States constitution prohibits discrimination when referring to any and all facets of employment.…

    • 1001 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Therefore, Shania would in violation of the law by not hiring a candidate based on religious reasons. You also mentioned that Shania must explain to Carlos’s that his “morals and values aren't exactly what she is seeking of an employee for her establishment”. It is essential that…

    • 362 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Though the United States has always had discrimination and likely always will, the government won’t discriminate against a person due to their religious background. For example, certain religious organizations such as the United States Conference of Catholic Bishops (USCCB) blatantly discriminate against people’s rights to provisions and contraception due to their religious beliefs. They believe that those who aren’t apart of the same religion don’t deserve the same opportunity to provisions and contraception. If they get their way, hard working families won’t be able to afford contraception and more children will grow up in poverty. This is where separation of Church and State comes into play.…

    • 1235 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    This study examined workplace religious accommodation arguments under Title VII of the 1964 Civil Rights Act. There is a rapidly increasing emphasis on religious and spiritual expressions in today’s society and in the workplace. This is the result of a growing society, increasing workplace diversity and a growth in the number of religions affiliations represented. While the claims of religious discrimination in the workplace are considered to be one of the fastest growing type of workplace discrimination complaints by the EEOC, discrimination against Muslims and Middle Eastern immigrants after 9/11 has added to the complication of religious accommodation in the workplace. This paper analyzed the results of a study that revealed the failed…

    • 263 Words
    • 2 Pages
    Improved Essays