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Court Favors Abercrombie In Oklahoma Suit Over Hijab

abercrombie & fitch store front
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A federal appeals court has dismissed a lawsuit filed on behalf of an Oklahoma woman who says she wasn't hired by Abercrombie & Fitch because her headscarf conflicted with the retailer's dress code, which has since been changed.

A federal judge initially ruled in favor of the Equal Employment Opportunity Commission, which filed the lawsuit for Samantha Elauf. The EEOC alleges that Elauf wasn't hired in 2008 at an Abercrombie store in Tulsa's Woodland Hills Mall because her hijab violated the retailer's "Look Policy."

The 10th U.S. Circuit Court of Appeals reversed that decision Tuesday, finding that Elauf never told Abercrombie she needed a religious accommodation — even though she was wearing the headscarf during her interview.

The company changed its policy three years ago to allow the head coverings.  

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