Applicant Demands To Wear Hijab In Texas Store, Manager Has Perfect Counter-Offer
A woman says she applied for a job but was told she’d have to take her hijab off while on the sales floor. According to DFW reports that the Muslim applicant, who remains unnamed, claims that after she refused to agree to remove her hijab on the sales floor like the rest of the employees, the manager immediately ended the interview and informed her that he was moving on to the next applicant. In a clever move to protect himself from accusations of discrimination, the manager never actually admitted that he wouldn’t hire her because of her refusal to remove the hijab but assuring her that he’d keep her application on file before ultimately choosing an employee who would abide by the rules.
Last time a Muslim woman won an appeal in the supreme court when she was denied on job to wear head scarf the jury in that case announced The Supreme Court on Monday revived an employment discrimination lawsuit against Abercrombie & Fitch, which had refused to hire a Muslim woman because she wore a head scarf. The company said the scarf clashed with its dress code, which called for a “classic East Coast collegiate style.”
“This is really easy,” Justice Antonin Scalia said in announcing the decision from the bench.
The company, he said, at least suspected that the applicant, Samantha Elauf, wore the head scarf for religious reasons. The company’s decision not to hire her, Justice Scalia said, was motivated by a desire to avoid accommodating her religious practice. That was enough, he concluded, to allow her to sue under a federal employment discrimination law.
The vote was 8 to 1, with Justice Clarence Thomas dissenting.
Ms. Elauf had been awarded $20,000 by a jury, but the United States Court of Appeals for the 10th Circuit, in Denver, overturned the award, saying the trial judge should have dismissed the case before trial. “Ms. Elauf never informed Abercrombie before its hiring decision that she wore her head scarf, or ‘hijab,’ for religious reasons,” Judge Jerome A. Holmes wrote for the appeals court.
In this case also The Dallas-Fort Worth chapter of the Council on American-Islamic Relations (CAIR-DFW) and Tremain Artaza PLLC today filed an employment discrimination complaint with the Texas Workforce Commission’s Civil Rights Division on behalf of a young Muslim woman who alleges that Dillard’s refused her employment due to her hijab.
The woman applied to work as a salesperson at the Dillard’s department store in Garland, Texas, and wore her hijab to her interview with a department manager. The woman’s employment discrimination complaint asserts that the department manager offered the woman the sales position but told the woman that she would not be permitted to wear her hijab while working on the sales floor.
The complaint further asserts that after the woman’s sister intervened and complained to the store manager about the no-hijab policy, the store manager did not allow the woman to begin training but instead told the woman Dillard’s would be conducting more interviews for the position and keep her application under consideration. The woman has not since heard from Dillard’s about the position.