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Head Scarves Before the Supreme Court
New York Times
"This is really easy," Justice Antonin Scalia said on Monday morning as he announced the Supreme Court's 8-to-1 decision in favor of a Muslim woman who was denied a job at the clothing-store chain Abercrombie & Fitch because her head scarf violated the company's "Look Policy."
In a brisk seven pages, the court's opinion rejected Abercrombie's defense that it had not in fact known — although it did suspect — that Samantha Elauf, the plaintiff, wore the scarf, known as a hijab, for religious reasons.
Of course, from Ms. Elauf's perspective, the case has been anything but easy. She applied for a job at the company's Tulsa, Okla., store in 2008, when she was 17. After her denial, she won $20,000 in a jury trial, but that verdict was reversed by the United States Court of Appeals for the 10th Circuit on the grounds that she had not explicitly told Abercrombie why she wore the scarf.
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