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Like many retailers Abercrombie has a “look policy” aimed to promote what it calls its “classic East Coast collegiate style of clothing.”
When Elauf sat down with assistant manager Heather Cooke to formally interview for the job, neither the headscarf nor religion ever came up. Cooke did refer to the policy, however, telling Elauf that employees shouldn’t wear a lot of make up, black clothing or nail polish.
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“We want the court to recognize that the notice requirement has to be flexible,” said Baxter. “There can’t be some strict requirement that an employee has to say certain words before the employee’s religion is protected.”
The case will be decided this spring.
