We normally go to New England each year but I took a much needed vacation with my daughter at the Jersey Shore….sitting on the 'deck by the bay'….just a wonderful long weekend, even though we had rain for two (2) days. We never were without something to do; pizza and coffee on the boardwalk, movies, antiquing, beaching in the wind, great conversations with friends/family and some long walks. I’m relishing every minute with her since soon she will be off to Naval Justice School and then on to her first assignment which is on the other side of the country.
Yes, I’m a tad, bit crazy. I encourage my daughter to go and see the world. As stated before, my experiential life was based on various cultures…I’ve given my daughter ‘wings’ and she is ready to ‘fly’.
So, I’m back and, hopefully, will be back on track with these ‘BLOGS’ for I keep on adding topics to the list….By the Way….I’ve paid the extra money to extend my test date to the end of July instead of the beginning of July….for a number of reasons. Mainly, too many things to do prior to my daughter leaving and my clients need attention.
The title of this BLOG is based on Justice Antonin Scalia’s comments once the decision in favor of Samantha Elauf was announced from the bench. Remember, this is the case of the Muslim woman who filed an employment discrimination suit against Abercrombie & Fitch, for refusing to hire her because she wore a head scarf. If you read my former BLOG, you know how I feel about Abercrombie & Fitch and how I really don’t understand why anyone with any kind of class/maturity would want to work for that sexist company….
The vote was 8 to 1, with my least favorite Justice, Clarence Thomas, dissenting. Every once in a while I watch the YouTube videos of the Anita Hill/Clarence Thomas debacle and I question the American concept of democracy. However, since I’m a big proponent of it, I support the means and the ends…
The Supreme Court sent the case back to the appeals court for further consideration (my daughter explains Supreme Court decisions to me, at length, at this point in time and they are not always as they seem), but the ruling suggests that Samantha Elauf will, most likely, prevail.
One of the issues at hand, if you remember, was the fact that she did not bring her religious accommodation to the attention of the Abercrombie & Fitch interviewer. Justice Scalia, writing for seven justices, said that Samantha Elauf did not have to make a specific request for a religious accommodation to obtain relief under Title VII of the Civil Rights Act of 1964, which prohibits religious discrimination in hiring.
The fact is that Title VII forbids adverse employment decisions made with a forbidden motive, whether this motive derives from actual knowledge, a well-founded suspicion (as the interviewer had stated after the interview) or merely a hunch. Justice Scalia wrote that ‘an employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.’
I believe in my past BLOG on this topic, it was stated that Abercrombie & Fitch did what religious organizations and leaders have been unable to do for years and that was bring 16 of the world’s religious organizations together on the same ‘page’. This Supreme Court decision was applauded by Muslims, Sikhs, Jews, Christians, etc., alike. It will help protect their members against employment discrimination based on their members’ religious attire, head coverings and beads.
To give it credit, Abercrombie & Fitch has altered its dress code since this 2008 issue…they now allow workers ‘to be more individualistic’. WOW…I still won’t walk into one of their stores…thankfully, my daughter is onto bigger/better brands of clothing…and I’m not referring to more expensive!
Samantha Elauf is an American born Muslim. I am an American born Unitarian Universalist that claims herself as a liberal Christian. It brings tears to my eyes to believe that an employer would discriminate against her the way that Abercrombie & Fitch did but they are now ‘happy tears’ for at least for Samantha Elauf, things can be ‘right in the world’.
If you have any questions regarding interpretation of Title VII of the Civil Rights Act or any other questions on discrimination, please contact Rosanne Bennett at 484-798-1236 or at firstname.lastname@example.org. Look forward to my BLOG on WEBENC and how the organization ‘certifies’ women owned businesses, right or wrong…and also a BLOG on What Makes a Great Employer!!!