Last Monday, the Supreme Court ruled in favor of Samantha Elauf and against retailer Abercrombie & Fitch in an 8-1 decision. The case regarded Ms. Elauf’s inability to obtain a position within the company due to their “Look Policy,” which did not have a place for the Hijab, or headscarf, commonly worn by Muslim women. Abercrombie claimed that if Ms. Elauf needed an accommodation, she should have asked for one. However, the look policy was not explained to Ms. Elauf during the application process and her Hijab was not brought up during her hiring process.
Consequently, Ms. Elauf proceeded to file a complaint with the Equal Employment Opportunity Commission which filed a suit against the company for violating Title VII of the 1964 Civil Rights Act under which employers must provide “Reasonable accommodation without undue hardship.” Ultimately, the legal question at issue was whether employers have the responsibility to provide said accommodations without the employee, or prospective employee, having to ask for it.
The Court ruled that employers do have a responsibility to provide that accommodation even if the employee does not ask for one. Justice Antonin Scalia delivered the opinion stating “An employer may not make an applicant’s religious practice, confirmed or otherwise a factor in employment decisions.” Ultimately, the Court ruled that avoiding accommodation of a prospective or current employee is a violation of Title VII. It is important to note that this is not the only major breakthrough regarding religious expression in the workplace. In January 2014, our own military officially committed to accommodating beards and turbans for Muslim and Sikh servicemen after much debate as to whether or not refusing to allow them would jeopardize their first amendment rights.
I, like Ms. Elauf, know all too well the pain of being denied a job because of my religion and ethnicity. I know the belittling feeling that accompanies being told you will never reach your dreams simply because you want to practice your faith. As a Muslim woman who wears a Hijab, who was born and raised in the USA, and grew up in a predominantly Southern Baptist town, my wearing of a headscarf is much more than a proclamation of my faith, much more than an expression of my constitutional rights, and much more than a scarf. It’s a way of life.
The concept of Hijab is modesty, and that accompanies not just the way you dress, but the way you act, the manner in which you treat others and how you treat yourself. My Hijab is more than just my ability to practice my freedom of religion, it’s my ability to practice my freedom of speech. My Hijab is a part of my character. It’s how I chose to express myself, and most importantly, it forces others to get to know and judge me based on my character and not my appearance.
I and many other Muslim women, face the fear that reaching my dreams, in my case in the field of law, will be compromised due to wearing a Hijab, because just as in Ms. Elauf’s case, we along with other minorities are frequently denied jobs because we don’t fit the “atmosphere” of an establishment. What Ms. Elauf has done by challenging Abercrombie & Fitch is not just a victory for Muslim women. It is upholding the values that this country holds dear.
My parents came to this country many years ago on the belief that no matter who you are, where you come from, or what your beliefs are, if you are willing to work hard and participate in this society, you will succeed. This country is not just a melting pot of ethnicities, but of ideas and values and innovations, and the most beautiful part of that is our ability to take the best ideas and make them even better. By expanding their interpretation of Title VII the Supreme Court has upheld our ability to continue this country to take in the best of the best workers and make the workplace even better. The Court’s ruling encourages us all to march forward to an even better America.
Sehar Ezez is a senior majoring in history. She is a member of the Muslim Student Association.
