Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: Religious Liberty and the Abercrombie Hijab Case
Explainer: Religious Liberty and the Abercrombie Hijab Case
Mar 3, 2026 9:05 PM

In the case of Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., the U.S. Supreme Court ruled on Monday that employers must offer a reasonable modation for an employee’s religious practices. Here is what you should know about that case.

What was the issue that sparked the lawsuit?

Samantha Elauf, a 17-year-old Muslim girl from Tulsa, Oklahoma, applied for a job at Abercrombie, a preppy clothing retailer, in 2008. After being interviewed by Heather Cooke, the store’s assistant manager, Elauf was given a rating that qualified her to be hired. However, the store has a policy forbidding employees to wear “caps.” Cooke informed her district manager that she believed Elauf wore her headscarf because of her faith. Her manager said that Elauf ’s headscarf would violate the store’s dress code, as would all other headwear, religious or otherwise, and directed Cooke not to hire Elauf.

The EEOC sued Abercrombie on Elauf ’s behalf, claiming that its refusal to hire Elauf violated Title VII of the Civil Rights Act of 1964. Title VII prohibits a prospective employer from refusing to hire an applicant in order to avoid modating a religious practice that it could modate without undue hardship. Abercrombie claimed that dress policy wasn’t discriminatory because it applied to all head coverings. In addition, they claim, Elauf had not even requested a religious modation.

The question presented to the Supreme Court was whether this Title VII prohibition applies only where an applicant has informed the employer of his need for an modation.

What was the ruling of the Court?

The Tenth Circuit appeals court had ruled that for pany to violate Title VII’s ban on religious bias in the workplace, the employer would have to specifically know that that a job applicant needs an exception from a work rule to satisfy religious dictates. The Supreme Court ruled that this was a misinterpretation of what Title VII requires. As Lyle Denniston explains,

Even if the applicant does not inform the management of a religious practice, the 1964 civil rights law may be enforced against any employer who refuses to make an exception for that worker, when that refusal is based on at least a suspicion or hunch that the worker follows such a practice and wants to keep doing so, even if contrary pany policy.

What was the basis for that ruling?

Title VII’s “disparate-treatment provision” forbids employers from failing to hire an applicant because of the individual’s religion (which includes his religious practice). If an employer refused to hire someone because doing so would require them to modate a religious practice, then they would be violating Title VII. As Justice Scalia said, “Failing to hire for that reason is synonymous with refusing to modate the religious practice.” [Emphasis in original] Scalia added,

Thus, the rule for disparate-treatment claims based on a failure to modate a religious practice is straightforward: An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions. For example, suppose that an employer thinks (though he does not know for certain) that a job applicant may be an orthodox Jew who will observe the Sabbath, and thus be unable to work on Saturdays. If the applicant actually requires an modation of that religious practice, and the employer’s desire to avoid the prospective modation is a motivating factor in his decision, the employer violates Title VII

Which Justices supported the ruling?

The decision was 8-1 in favor of Elauf. Justice Clarence Thomas was the only vote in favor of upholding the Tenth Circuit decision. In his dissenting opinion he wrote,

Unlike the majority, I adhere to what I had thought before today was an undisputed proposition: Mere application of a neutral policy cannot constitute “intentional discrimination.” Because the Equal Employment Opportunity Commission (EEOC) can prevail here only if Abercrombie engaged in intentional discrimination, and because Abercrombie’s application of its neutral Look Policy does not meet that description, I would affirm the judgment of the Tenth Circuit.

Why should Christians care about this case?

While not every religious practice can be reasonably practiced at one’s job, those that can be modated should be modated. Just as no American should be required to set aside their conscience when they show up for work, there is no reason why non-disruptive religious practices—such as wearing a headscarf—should be excluded without sufficient cause. Religion is too important to be left at the door of a believer’s workplace.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
The hockey stick of human prosperity
Since the era of Adam Smith economists have been asking, “What creates wealth?” One key answer is specialization and trade. On a timeline of human history, the recent rise in standards of living resembles a hockey stick — flatlining for all of human history and then skyrocketing in just the last few centuries. As economist Don Boudreaux explains, without specialization and trade, our ancient ancestors only consumed what they could make themselves. How can specialization and trade help explain the...
The Burkean tradition in Britain and America
Writing two decades ago, Gertrude Himmelfarb observed: In Britain, as in America, more and more conservatives are returning to an older Burkean tradition, which appreciates the material advantages of a free-market economy (Edmund Burke himself was a disciple of Adam Smith), but also recognizes that such an economy does not automatically produce the moral social goods that they value—that it may even subvert those goods. –Gertrude Himmelfarb, The De-Moralization of Society: From Victorian Virtues to Modern Values (New York: Alfred...
Samuel Gregg on Argentina’s economy
After a recent trip to Argentina, Samuel Gregg reflects on its current economic state in a piece for The Catholic World Report. Gregg highlights the role that current Argentine politics play on economic policy and how Pope Francis affects the Catholic Church in his home country. For the first time in 13 years, Argentina has elected a non-Perónist leader. Mauricio Macri replaced Néstor Kirchner and his wife Cristina in November 2015. The Kirchners represented a wave of Latin American leftist-populists...
Millennials should read Solzhenitsyn
“The appeal of Bernie Sanders’ socialism is a puzzle to many, but it shouldn’t be, not if we understand how most people think about economics,” says Rev. Johannes Jacobse in this week’s Acton Commentary. Economics rightly understood then touches on deeper, transcendental truths. And, as the great Russian writer Alexander Solzhenitsyn taught, any discussion about materialism and transcendence must answer the fundamental question about whether the final touchstone of truth lies inside or outside the human person. The answer determines...
The true face of ‘capitalism’
Frank Borman, then-chairman of the Eastern Airlines, said that “capitalism without bankruptcy is like Christianity without Hell.” That’s one way to take Peter Heslam’s reflection on the closing of BHS in the UK, “Business with a Human Face.” I would add that the purportedly impersonal nature of market exchange is also what attracts many of its supporters. Drones and automated checkout lines are increasingly allowing us not to see any faces at all. And as Martin Luther would surely have...
Grace renews nature (even in politics)
“We see immediately that grace is inseparably connected with nature, that grace and nature belong together.” –Abraham Kuyper In their new book, One Nation Under God: A Christian Hope for American Politics, Bruce Ashford and Chris Pappalardo offer a robustvision ofChristian political engagement, one that neither retreats from the world nor modates to its ideological whims. While many have sought to construct such a vision by trying toalign “Christian values” with particular political programs, Ashford and Pappalardo begin by focusing...
State Department releases 2015 report on international religious freedom
The State Department recently released its International Religious Freedom Report for 2015. A wide range of U.S. government agencies and offices use the reports for such efforts as shaping policy and conducting diplomacy. The Secretary of State also uses the reports to help determine which countries have engaged in or tolerated “particularly severe violations” of religious freedom in order to designate “countries of particular concern.” A major concern addressed in this year’s report is the threat to religious freedom posed...
What Jonathan Edwards can teach American Christians about economic justice
Ask most Americans what they know about Jonathan Edwards and they are most likely to mention reading “”Sinners in the Hands of an Angry God” in high school. Being known for preaching the most famous sermon in U.S. history is no small plishment. But Edwards was one of our country’s foremost intellectuals and (arguably) our greatest Protestant theologian. He was also, as Greg Forster notes in an article for TGC, a champion of economic justice. As Forster says, Edwards believed...
5 Facts about women’s suffrage and the 19th Amendment
Today, we celebrate the 96th anniversary of the 19th Amendment to the U.S. Constitution (ratified on August 18, 1920). Here are five facts you should know about women’s suffrage and the 19th Amendment: 1. The 19th Amendment doesn’t directly mention women. The text states: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article...
7 Figures: The 2016 poverty survey
The American Enterprise Institute and the Los Angeles Times have joined together to release a new survey of attitudes toward the poor, poverty, and welfare in the United States. Here are seven figures from the report you should know about: 1. The poor are more than twice as likely as those not in poverty (24 percent to 10 percent) to say the church has the greatest responsibility for helping the poor. The poor are also slightly less likely (31 percent...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved