Supreme Court to hear case of woman who wasn’t hired because of head scarf

By Robert Barnes February 24 at 6:07 PM

Samantha Elauf takes in a shipment at Urban Outfitters in Tulsa in February. (MIKE SIMONS/TULSA WORLD)

The Supreme Court on Wednesday will hear the case of whether retailer Abercrombie & Fitch violated anti-discrimination laws when it denied a job to a Muslim applicant because her head scarf conflicted with the company’s dress code.

The Equal Employment Opportunity Commission took up the case of Samantha Elauf, who was denied a job at one of the chain’s stores in Tulsa. Elauf, then 17, had worn a head scarf, or hijab, since she was 13.

When she interviewed, she scored high enough on the company’s ratings to qualify for a job, and her interviewer said later she understood Elauf wore the hijab for religious reasons. But Elauf was not hired.

Samantha Elauf is interviewed outside of the federal courthouse in downtown Tulsa in 2011. (Tulsa World/OKtul)

A judge ruled in her favor. But the U.S. Court of Appeals for the 10th Circuit reversed, saying it was up to Elauf to ask for a religious accommodation, and she had not done so.

The case is Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.

The justices will hear arguments on Wednesday; a decision will come before the justices’ current term ends in June.

Robert Barnes has been a Washington Post reporter and editor since 1987. He has covered the Supreme Court since November 2006.