Oral Argument - Did Abercrombie & Fitch Violate Title VII By Refusing to Hire a Woman Wearing a Black Headscarf?

On this episode we review the Court's oral arguments in EEOC v. Abercrombie & Fitch Stores, which considers Title VII of the Civil Rights Act of 1964. The Act makes it illegal for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s * * * religion.” 42 U.S.C. 2000e-2(a)(1). “Religion” includes “all aspects of religious observance and practice” unless “an employer demonstrates that he is unable to reasonably accommodate” a religious observance or practice “without undue hardship on the conduct of the employer’s business.” 42 U.S.C. 2000e( j). The question presented is whether an employer can be liable under Title VII for refusing to hire an applicant or discharging an employee based on a “religious observance and practice” only if the employer has actual knowledge that a religious accommodation was required and the employer’s actual knowledge resulted from direct, explicit notice from the applicant or employee.