Abercrombie and Fitch Co. to Defend Refusal to Hire Muslim Teenager Wearing Hijab to Supreme Court

Abercrombie & Fitch Co. is set to appear before the U.S. Supreme Court on Wednesday to defend itself from allegations that one of its retail stores refused to hire a teenager who wore traditional Muslim garb.

In a lawsuit filed by the Equal Employment Opportunity Commission, Samantha Elauf argues an Abercrombie Kids store in Tulsa, Oklahoma, denied her a job in 2008 when she was 17 years old because she was wearing an Islamic head scarf known as the hijab. She claims she didn't get a sales associate position because the hijab did not comply with the company's strict dress code for associates, who they refer to as "models," reports Fortune.

Although Elauf won a discrimination lawsuit against the retail chain in 2009 along with a $20,000 award, the 10th Circuit Court of Appeals overturned that decision in October 2013 on the grounds that Abercrombie should not be held liable since Elauf failed to explain to the company she wore her hijab for religious reasons. Nor did she asked for an exemption from the company's dress policy.

According to the Ohio-based clothing company, the employee is responsible for asking for an accommodation based on religious beliefs.

"Employers are not supposed to ask about religious views or practices," the company wrote in its filing with the Supreme Court, reports USA Today.

On the other hand, the EEOC argued in its filings with the Supreme Court.

"Employers sometimes identify religious conflicts not known to applicants. Employers who suspect a possible religious conflict can simply advise an applicant of the relevant work rules and ask whether (and why) the applicant would be unable to comply," EEOC said.

Prosecutors say employees should not have to ask specifically for a religious accommodation to be protected against employment discrimination based on their religious beliefs and practices.

Now, it will be up to the Supreme Court to decide whether an employer or potential employees is tasked with communicating a potential religious conflict.

The Supreme Court will hear a one-hour oral argument in EEOC v. Abercrombie & Fitch on Wednesday, while a ruling is expected in late June, reports Reuters.