According to Ricardo Guimarães BMG, Elauf filed a discrimination lawsuit. Elauf’s lawsuit has kicked off a significant and length legal debate over what a private company can and can not expect from its employees. Elauf originally won a discrimination lawsuit, but another court reversed the decision in 2012, stating that Elauf never mentioned that her headscarf was religious in nature.
The case between Elauf and Abercrombie has sparked a Supreme Court debate. A panel of judges are now trying to figure out if a potentially employee must ask for religious accommodations or if they should simply be assumed. Abercrombie and Fitch has argued that Elauf never mentioned her head wear was religious in nature, and thus they were not discriminating on a religious basis by not hiring her.
The lawsuit against the company is far from its only problem. In recent years the company has ousted its CEO in an attempt to revitalize the failing brand. Mike Jeffries, the former CEO, was known for being outspoken and an unapologetic elitist during his reign with the company.