Abercrombie & Fitch Hijab Row Goes To Court

The US Supreme Court has heard a case brought by a Muslim job applicant who says retailer Abercrombie & Fitch (NYSE: ANF - news) did not hire her because she wore a hijab to an interview.

Liberal and conservative justices indicated during Wednesday's hearing that they may side with the plaintiff as they asked sharp questions of the company's lawyer.

Samantha Elauf was wearing the traditional headscarf when she applied for the job as a part-time sales assistant in 2008 at an Abercrombie Kids store in Tulsa, Oklahoma.

Ms Elauf, who was 17 at the time, received a one-out-of-three rating for "appearance and sense of style" and was not offered the position, according to court papers.

The assistant manager who interviewed Ms Elauf did not ask about her religion.

But according to the preppy clothing company's legal documents, the hijab violated its "look policy" because it was black and employees are not allowed to wear any headwear.

The brief also stated that Ms Elauf did not say she was wearing the headscarf for religious reasons.

During Wednesday's hearing, Justice Samuel Alito said there was no reason not to hire Ms Elauf unless the company expected her to wear a headscarf to work because of her religion.

"You assumed she was going to do this every day," Justice Alito said.

"And the only reason she would do it every day was because she had a religious reason."

The US Equal Employment Opportunity Commission, a federal agency, has been backed by Christian, Muslim, Sikh and Jewish groups in bringing the case on behalf of Ms Elauf.

America's highest court must decide whether Ms Elauf was required to specifically request a religious accommodation, or if the employer should have recognised the need for such an exception.

Abercrombie, which is backed by the US Chamber of Commerce, argues that employers should not be forced to inquire about a job applicant's religion, for fear of appearing to discriminate.

Only Justice Antonin Scalia seemed receptive to the company's argument on Wednesday.

A federal district judge originally ruled for Ms Elauf, but an appeals court decided in October 2013 in favour of Abercrombie.

The Supreme Court is expected to make a ruling in June.

In a statement on Wednesday, Abercrombie said it had a "longstanding commitment to diversity and inclusion".

The firm also said it had "granted numerous religious accommodations when requested, including hijabs".

It is not the first time Abercrombie has been accused of discrimination .

It settled in September 2013 with two other women who claimed the company discriminated against them because they wore hijabs.

The company has since revised its "look policy" to accommodate hijabs in the workplace.

Abercrombie also settled a lawsuit in 2004 brought by black, Hispanic and Asian-American college students for $40m, pledging to diversify its hiring, promotion and marketing practices.