“When an applicant requires an accommodation as an ‘aspect of religious… practice,’ it is no response that the subsequent ‘failure… to hire’ was due to an otherwise neutral policy,” Scalia said, delivering the opinion of the court.
US Supreme Justices said Abercrombie & Fitch violated US workplace discrimination law, and ruled 8 to 1 in favor of the US Equal Employment Opportunity Commission that represented Elauf.
The Supreme Court’s decision sends Elauf's case to a lower court for further consideration.
“We…remand the case for further consideration consistent with this opinion,” Scalia said.
US workplace discrimination law, codified in the Civil Rights Act of 1964, prohibits prejudice against employees based on their sex, race, religion and age.