Not Just A Fashion Statement

“This is going to sound like a joke” Justice Alito said, “but, you know, it’s not.”

Justice AlitoThe not-joke was addressed to the lawyer for Abercrombie & Fitch who was defending the preppie fashion retailer’s decision not to hire an otherwise qualified teenager because she wore a hijab to her interview. Abercrombie says that her head covering was not in line with the company’s “classic East Coast collegiate style”. The EEOC sued the company on behalf of the teenager, Samantha Elauf, now 24, for not accommodating her religion.

Abercrombie’s defense: It couldn’t question her about her religion when she applied for a job, and she never informed them about her Muslim faith.

Which brings us back to Alito’s set-up: A Sikh wearing a turban, an Hasid wearing a shtreimel, a Muslim wearing a hijab, and a Catholic nun in habit go to the employment office and say, “we just want to tell you, we’re dressed this way for a religious reason. We’re not just trying to make a fashion statement”.

SCOTUSblog’s Amy Howe reports on the argument here.

Art Lien
About

Courtartist is me, Art Lien. I've been sketching the courts since 1976, and for most of that time the U.S. Supreme Court has been my regular beat. I've been working almost exclusively for NBC News since 1980. Courtroom sketching is a form of visual journalism or reportage drawing that is slowly dying out. Where once upon a time news organization each had their own artist covering a story, today a "pool" artist often sketches for all. It is a demanding and stressful discipline where the drawing is often done directly and under tight deadline.

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