Post by chassroc on Jun 2, 2015 11:08:47 GMT -5
Seems unbelievable to me how inconsistent and arbitrary the Supreme Court is with its rulings.
A woman was refused employment at Abercrombie and Fitch because she refused to take off her head scarf at work.
A&F has a work dress code. The company said the scarf clashed with its dress code, which called for a “classic East Coast collegiate style.”
“This is really easy,” Justice Antonin Scalia said in announcing the decision from the bench.
The company, he said, at least suspected that the applicant, Samantha Elauf, wore the head scarf for religious reasons.
The company’s decision not to hire her, Justice Scalia said, was motivated by a desire to avoid accommodating her religious practice.
That was enough, he concluded, to allow her to sue under a federal employment discrimination law.
Now I agree that anytime an intelligent or a not so intelligent person encounters a women wearing a head scarf...they will likely suspect
there are religious motivations for that head scarf unless they are outside in inclement weather. Most people and even Justice Scalia would agree that that is not criminal but common sense. Is he trying to legislate stupity?
The ruling is not that companies cannot have dress codes but that the company was motivated by a desire to avoid accommodating her religious practice. He must be clairvoyant!
In the trial it was disclosed that the woman never revealed that she wore the garment for religious purposes. Wouldn't making the assumption that the woman was doing so for religious reasons be discriminatory and presumptuous by A&C? Doesn't this open the door for allowing any terrorist do pretty much anything they want to do including anything that might lead up to killing people of other groups? That might be a stretch but if a person wearing a head scarf is inconveniencing others, that seems to trump any inconvenience they impose upon others...as long as it is done in the name of their supreme being; never mind what my beliefs might be.
might have to paste this in a browser
nyti.ms/1GgKqrA
Charlie