Friday, September 13, 2019

Final paper Essay Example | Topics and Well Written Essays - 1250 words - 13

Final paper - Essay Example This drastically reduced her total score and Elauf was not hired. The Equal Employment Opportunity Commission (EEOC) filed a case against the Abercrombie & Fitch Stores, Inc. claiming that the firm Abercrombie had violated Title VII of the Civil Rights of 1964 by rejecting to hire Samanatha Elauf due to her hijab (headscarf). The Equal Employment Opportunity Commission enforces the federal regulations that prohibit employment discrimination. According to Title VII of the Civil Rights Act of 1964 an employer may be liable when he or she rejects either to select and hire or discharge a worker based on a religious practise or observance only if the employer has tangible knowledge that there was need for religious accommodation and the definite knowledge of the employer emanated from a direct notification from the employee or applicant. Walsh (741) shares the view that the firm argued that Samantha did not notify the interviewer that she needed an accommodation. However, Elauf who was the plaintiff was wearing the headscarf for religious reasons. More to the point, during the interview at Tusla, Oklahoma in 2008 the store manager never mentioned to Elauf issues relating to the hijab. It was only later on that the district supervisor argued that the headgear disqualified Elauf from the job. It can therefore be assumed that the recruitment team was aware that she was wearing the hijab for religious reasons. Initially the district court ruled in favour of Elauf. The established that the EEOC had determined all elements of a prima facie case of discrimination, such as the firm’s awareness of Samantha’s need for a religious accommodation, and also ruled that Abercrombie had failed to rebut the EEOC’s showing on those elements. However, the Tenth Circuit reversed the summary grant. Law cannot get rel igion right (Sullivan 138). The appellate court overturned the decision and sided with Abercrombie & Fitch Stores, Inc. However, an article

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