EEOC v. Abercrombie & Fitch, No. 11-5110 (10th Cir. 2013)Annotate this Case
Abercrombie & Fitch appealed the district court’s grant of summary judgment in favor of the Equal Employment Opportunity Commission (“EEOC”) and the court’s denial of summary judgment in favor of Abercrombie, on the EEOC’s claim that Abercrombie failed to provide a reasonable religious accommodation for a prospective employee, Samantha Elauf in violation of Title VII of the Civil Rights Act of 1964. After review, the Tenth Circuit concluded Abercrombie was entitled to summary judgment as a matter of law because there was no genuine dispute of material fact that Ms. Elauf ever informed Abercrombie prior to its hiring decision that she wore a hijab for religious reasons and that she needed an accommodation for that practice because of Abercrombie’s clothing policy. Accordingly, the case was remanded to the district court with instructions to vacate its judgment and for entry of judgment in favor of Abercrombie.