That’s the case the US Supreme Court is scheduled to hear Wednesday, reports USA Today.
The chain, which has been no stranger to controversy, is accused of denying Samantha Elauf a job because she is Muslim and wore a hijab. A half dozen churches have taken Elauf’s side including Baptists, Evangelicals and Jews.
A decade ago it settled a lawsuit filed by Black, Hispanic and Asian American students and pledged to increase its diversity.
“Accommodating religious practices is not always straightforward, in large part because it can be hard to tell who wants or needs accommodation,” Abercrombie and Fitch said in a court brief. “It is generally the employee’s or applicant’s duty to ask for an accommodation – not the employer’s job to guess.”
At issue is the retailers stringent “look policy” which the company believes contributes to its image and sales.
You can read more about that policy and the significance of this case in USA Today.