Dress codes

SAMANTHA ELAUF, a young Muslim woman, did well in her interview for a job at a children’s branch of Abercrombie & Fitch, a casual-clothing store, in Tulsa, Oklahoma. But when the interviewer told a manager about Ms Elauf’s black headscarf, she was instructed to lower the applicant’s “appearance” score and deny her the job. According to the company’s “look policy”, employees must align their dress with the “preppy look of the Ivy League” and must not wear “caps” or black clothing. In fact Abercrombie is best-known for the half-naked (but preppy) hunks that adorn its shopping bags.

Ms Elauf turned to the Equal Employment Opportunity Commission (EEOC), which sued the store on her behalf. A federal district court in Oklahoma ruled that in refusing to hire Ms Elauf because of her religious practice, Abercrombie had violated Title VII of the Civil Rights Act of 1964. On appeal, the Tenth Circuit Court held for the company. If Ms Elauf wanted a religious accommodation, the appeals court said, she should have asked for it.