Abercrombie's Enforcement of "Look Policy" Against Muslim Job Applicant Violates Title VII

In EEOC v. Abercrombie & Fitch Stores, Inc., (ND OK, July 13, 2011), an Oklahoma federal district court held that Abercrombie & Fitch violated Title VII of the 1964 Civil Rights Act by refusing to hire a Muslim teenager because her religious belief requiring her to wear a headscarf violates the company's "Look Policy" for sales models.  The court first held that the fact that Samantha Elauf wore a headscarf to her employment interview placed the company on notice that she would need an accommodation.  The court rejected Abercrombie's claim that granting an exemption would create an "undue hardship" because it would negatively impact Abercrombie's marketing strategy. The court, however, said the company had failed to meet its burden of proving undue hardship because it cited no studies or specific examples to support it claim. [Thanks to CCH Employment Law Daily via Steven H. Sholk for the lead.]