NAACP Legal Defense Fund’s Statement on United States Supreme Court Ruling in Abercrombie & Fitch Discrimination Case:
Today the United States Supreme Court reaffirmed the right of job seekers to be free of discrimination in hiring. Declaring that “[a]n employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in [an] employment decision,” the Supreme Court rejected apparel chain Abercrombie & Fitch’s claim that it had the right to deny employment to an otherwise qualified Muslim applicant because she wore a hijab. In this case, EEOC v. Abercrombie & Fitch, Abercrombie & Fitch claimed that the head scarf violated its dress code.
The evidence of religious discrimination by Abercrombie & Fitch described in today’s decision, strongly parallels the evidence of racial discrimination by Abercrombie & Fitch which was uncovered by the NAACP Legal Defense & Educational Fund, Inc. (“LDF”) in 2003. In Gonzalez v. Abercrombie & Fitch Stores, LDF successfully sued Abercrombie & Fitch, securing a finding by the United States District Court in San Francisco that the apparel chain discriminated against African-American, Latino and Asian American applicants and employees, by discouraging their hiring and by placing employees of color in undesirable, non-public positions. Although LDF’s lawsuit resulted in the imposition of a consent decree that required Abercrombie & Fitch to hire a diversity executive and provide diversity training for all employees with hiring authority, today’s 8-1 ruling suggests that the clothing store had not fully embraced its legal obligation to provide for fair opportunities for employment, regardless of race or religion.
Statement from Sherrilyn Ifill President & Director-Counsel of the NAACP Legal Defense & Educational Fund, Inc. (LDF) “It is our hope that the Supreme Court’s ruling makes it crystal clear to all employers – and Abercrombie & Fitch in particular – that no applicant can be denied employment solely because of their religion. LDF once again urges Abercrombie & Fitch to base its hiring decisions on qualifications and merit, and not appearance. We recommend that Abercrombie & Fitch revisit the hiring practices outlined in the Gonzalez consent decree and reaffirm its commitment to diversity and inclusion.”
