The international retailer Abercrombie & Fitch, with Gilly Hicks (sold online only) and Hollister Co. branched off of the company, making more than $5 billion a year, represent chic, east coast New Yorkers and beachy surfboarders everywhere. The cologne infused store with dim interior and clothing of 20 different shades of navy, gray and black is the job every teenage girl dreams of having. In 2008, a 17-year-old Muslim girl, named Samantha Elauf, wanting nothing more than to work for the trendy store. Unfortunately, she was refused by Abercrombie in Tulsa, Oklahoma because she wore a hijab to her interview. Even though she received high ratings on her interview report, Abercrombie could not hire her because headscarves violate the company’s specific dress code. The reason Elauf was not hired was not because she was Muslim, it was simply because she did not fit the store’s “look” for their associates.

This company has a very difficult process of hiring associates that will appropriately represent their company and “look policy”. Their employees are labeled “models” who are expected to work and model the store’s preppy style while following the look policy. During the interview, the applicants are required to dress appropriately and in a matter than will be a good fit for the company and the store, with a variety of questions such as, “What is diversity to you?” and “How would you describe Abercrombie’s style?” Their look policy is very specific; such as natural colored hair, no dramatic or little makeup, no face piercings, clothes that are from or clearly represent the company and no jewelry besides the simple bracelets sold by the company.

There are many stereotypes made against the company for being racist, sexist and judgmental of body types. Abercrombie does not sell pants bigger than a size 10, size large top for women and size extra large for men. They are discriminated against for not producing bigger sizes, while stores with similar styles like American Eagle and Aeropostale are not. Abercrombie’s process for hiring models/associates is as reasonable as any other store, that they will not hire anyone who does not fit their company’s image.

The real issue, however, is whether Abercrombie violated a federal law that companies cannot refuse to hire someone based off of their race, color, sex, national origin or how they practice their religion, unless the employers can show they are unable to accommodate their practices. Well, to be honest, they are a private corporation and, not based on religious, sexist or racist terms, they will not hire anyone they do not see fit to work in their store. According to the law, although, an employer is not allowed to ask a potential employee about their religion at all because the employee’s religion does not effect the decision to hire or not. If Elauf truly wore the hijab for religious reasons, then Abercrombie is at fault.

Should Abercrombie pay for not accepting the candidate?

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“An applicant or employee cannot remain silent before the employer regarding the religious nature of his or her conflicting practice and need for an accommodation and still hope to prevail in a religion-accommodation case,” said Abercrombie in a brief filed with the case, according to Business Insider.

However, Abercrombie did not know ahead of time that Elauf would need to wear her headscarf for her religious practices, assuming it would collide with their look policy. If the store would have know this before or during the interview, the company would legally need to figured out a way to accommodate her religious needs.

Abercrombie changed its look policy in 2013 to allow associates to wear headscarves. However, it is still unclear how this will play out for Elauf’s case. The US Supreme Court is currently looking over the case filed by the Equal Employment Opportunity Commission after Abercrombie won at district court. After the case was reviewed in court on Feb 25, the court is leaning towards Elauf, but the fact that Abercrombie has lawyers worth hundreds of thousands of dollars, the deciding fact will most likely not be in her favor. It all comes down to the fact that some applicants are just not fit for the job and racial or religious discrimination has nothing to do with it.