Back in 2008, a 17-year-old in Oklahoma applied for a job at a local Abercrombie Kids store. She made the cut, but learned that the store’s “look policy” wouldn’t allow her to wear a religious head covering. Just over a year ago, the Equal Employment Opportunity Commission won the right for employees to wear religious head coverings while they battle the cologne stench at Abercrombie, but the headscarf itself isn’t what this case is about.

The reason why this case has been appealed all the way up to the highest court in the country over the course of five years is that it’s really about whether a job applicant has to explicitly say that the accommodation he or she is requesting is a religious one. A supervisor at the Abercrombie Kids store claims that the applicant never spelled out specifically that she needed to wear a hijab all of the time for religious reasons. Maybe that supervisor thought that the girl was just very attached to an accessory.

Therefore, it’s the applicant’s failure to specifically ask for a religious accommodation that’s at stake here, not the specific article of clothing in question.

It’s been an interesting week for Abercrombie & Fitch: a federal judge dismissed a different lawsuit by shareholders alleging that CEO Mike “No Fatties” Jeffries has received excessive pay and travel expenses while the company’s performance has slid.

Court Finds for EEOC in Religious Discrimination Suit Against Abercrombie & Fitch [EECO]

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