Ms.
Elauf
had
applied
for
a
position
in
the
Abercrombie
store
in
Tulsa,
Oklahoma
and
was
interviewed
by
the
assistant
store
manager
there
while
wearing
a
headscarf.
The
assistant
store
manager
used
the
company’s
system
for
evaluating
employees
and
determined
that
she
was
qualified
to
be
hired.
Ms.
Elauf
never
said
that
she
wore
the
headscarf
for
any
particular
reason.
The
assistant
manager
was
concerned,
however,
because
she
knew
that
wearing
the
headscarf
conflicted
with
the
company’s
Look
Policy.
So,
the
assistant
manager
sought
guidance
from
her
store
manager,
and
then
ultimately
from
the
district
manager,
who
confirmed
that
wearing
the
headscarf
violated
the
Look
Policy,
as
would
any
headwear,
“religious
or
otherwise.”
Critically,
the
assistant
manager
told
the
district
manager
that
she
believed
Ms.
Elauf
wore
the
headscarf
for
religious
purposes.
Ms.
Elauf
was
not
hired.
The
EEOC
brought
this
claim
on
behalf
of
Ms. Elauf
in
federal
court
in
Oklahoma.
The
district
court
granted
summary
judgment
in
favor
of
the
employee,
and
after
a
trial
on
damages
awarded
her
$20,000.
The
Tenth
Circuit,
which
includes
the
federal
district
court
in
Kansas,
reversed
the
Oklahoma
district
court
ruling
and
awarded
Abercrombie
summary
judgment.
The
Tenth
Circuit
found
that
an
employer
is
not
liable
under
Title
VII
for
failing
to
accommodate
a
religious
practice
unless
and
until
the
applicant
makes
a
request
---
and
provides
the
employer
with
actual
knowledge
of
–
their
need
for
an
accommodation.
The
matter
was
appealed
to
the
Supreme
Court,
which
reversed
and
remanded
the
Tenth
Circuit
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