Both federal and Kentucky state employment discrimination law require an employer to accomodate a sincere religious practice of an applicant or employee if the employer can do so reasonably. Last week, the Supreme Court heard argument in a religious discrimination case, Elauf v Abercrombie & Fitch. Elauf, who wears a scarf in accord with her Muslim faith, applied for employment with Abercrombie & Fitch, the hip retailer, who turned her down, because the scarf clashed with its preppy dress code, that of "the mythical preppy" as described by Justice Samuel Alito.
The main issue in the case was whether Elauf was required to tell Abercrombie that she wore the scarf for religious reasons and ask for a possible accomodation. According to news reports, the Court seemed sympathetic to Elauf: In Case of Religious Dress, Justices Explore Obligations of Employers; Supreme Court Seems to Side With Muslim Woman in Religious Discrimination Case; Justices Appear to Favor Muslim Woman Denied Job Because of Headscarf.
Lexington, Kentucky discrimination lawyer Robert Abell represents individuals and employees in discrimination cases including religious discrimination cases; contact him at 859-254-7076.
