Clothing retailer Abercrombie & Fitch has agreed to pay approximately $25,000 to a woman who was denied a job because she wore a Muslim headscarf during her interview.
The settlement follows a June Supreme Court ruling saying that the popular clothing chain was required to offer an accommodation to employees who wear headscarves for religious reasons, regardless of whether or not they ask specifically in advance.
Abercrombie defended its “look policy” during oral arguments, saying that questioning an applicant about religious beliefs was overly personal and the burden of seeking a religious accommodation under Title VII on the 1964 Civil Rights Act should have fallen on the applicant.
Justice Antonin Scalia, writing for the majority in the 8-1 decision, said that “an applicant need only show that his need for an accommodation was a motivating factor in the employer’s decision” for it to be unlawful.
“An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions,” Scalia added.
Reuters reported that on Monday the 10th U.S. Circuit Court of Appeals, pursuant with the Supreme Court’s decision, dismissed the retailer’s appeal.
Abercrombie & Fitch amended its “look policy” before the court’s decision to allow employees to wear headscarves.