Taking Care of HR Business
        A blog from the attorneys of Verrill

        Balancing Religious Rights and Fashion: The High Court Debates Abercrombie’s Look Policy

        by Tawny L. Alvarez on February 26, 2015

        Yesterday the United States Supreme Court heard oral argument in EEOC v. Abercrombie & Fitch Stores, Inc., No. 14-86, which seeks guidance from the Court as to whether job applicants must provide direct, explicit notice of their religious practices before an employer’s accommodation duty is triggered under Title VII. The case stems from Abercrombie’s failure to hire Samantha Elauf, a Muslim applicant, who wore a religious headscart to her job interview. The headscarf was prohibited under Abercrombie’s “look” policy which does not allow employees to wear hats or caps.

        The question before the Court was: What level of knowledge does the employer have to have before the duty to accommodate is triggered?

        An underlying theme of the questioning was who in fact had the duty to initiate the accommodation dialogue—the interviewee or the employer? If an interviewee was unaware of the look policy, the EEOC argued, how would they know they would need an accommodation?

        The Court asked a number of interesting questions, including the following exchange between Abercrombie’s counsel and Justice Alito: Justice Alito asked whether the “look” policy was applicable during the interview stage. To which Abercrombie’s counsel responded that it did not. Thus, Justice Alito responded that since the policy did not apply, Abercrombie would need to assume that Elauf would have worn the headscarf every day noting: “The reason that she was rejected was because you assumed she was going to do this every day and the only reason why she would do it every day is because she had a religious reason.” Abercrombie’s counsel, however, maintained that the standard the EEOC was arguing was not whether the employer was permitted to make an impermissible assumption about religion, but whether the employer has a duty to accommodate whether they have a correct understanding of the religious practice or a suspicion of that practice. Considering the line of questioning, many assume that the Justices are leaning towards finding in the EEOC’s favor. The waiting game now begins for a decision. Be on the lookout this fall for a follow-up post when the Supreme Court issues its ruling.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...
        Media Mentions

        Lauren Galvin Quoted in Massachusetts Lawyers Weekly on Arbitration and Anti-SLAPP Protections

        Verrill Partner Lauren Galvin was recently featured in a Massachusetts Lawyers Weekly article highlighting a notable Superior Court decision...
        Blog

        Section 530A Accounts: What Employers Should Consider Before Offering Contributions to “Trump” Accounts

        Section 530A accounts, commonly referred to as Trump accounts, have attracted attention since the enactment of the One Big Beautiful Bill Act in...
        Blog

        Navigating PBM Reform: Regulatory Changes, Market Shifts, and Practical Guidance for ERISA Fiduciaries

        Pharmacy Benefit Manager (“PBM”) arrangements have long relied on rebates with limited transparency into true drug costs. Recent regulatory and...
        Blog

        DOL’s Proposed Regulation on Selecting Alternative Investments: Broad Implications for 401(k) and 403(b) Plan Fiduciaries

        On March 30, 2026, the Department of Labor issued a proposed regulation purporting to implement an executive order to expand access to “alternative...
        Press Releases

        Verrill Welcomes Private Clients & Fiduciary Services Attorney Gracie Castle

        BOSTON, Massachusetts – Verrill is pleased to welcome Gracie Castle to the firm’s Private Clients & Fiduciary Services Group as an Associate,...
        Published Works

        Francesco De Vito Authors Article in the Journal of the American College of Mortgage Attorneys

        Verrill Partner Frank De Vito authored an article featured in the Spring 2026 issue of The Abstract, the journal of the American College of Mortgage...