Arabic businesswoman in office

On Monday, June 1, 2015, the United States Supreme Court held that an employer may not refuse to hire an applicant if the need for a religious accommodation was a motivating factor in the employer’s decision, unless the accommodation would pose an undue hardship. In EEOC v. Abercrombie & Fitch Stores, Inc., U.S., No. 14-86 (June 1, 2015),  the justices almost unanimously reversed the decision of the U.S. Court of Appeals for the Tenth Circuit that held that the U.S. Equal Employment Opportunity Commission (“EEOC”) failed to make its religious accommodation claim under Title VII of the 1964 Civil Rights Act (Title VII”) based on Abercrombie & Fitch’s (“Abercrombie”) failure to hire Samantha Elauf, a Muslim woman who was denied a job at an Abercrombie & Fitch retail store because she wore a hijab, or headscarf, for religious reasons. (Continue reading).