Question

In the 2015 case Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., the Supreme Court decided that an employee must be allowed to wear a head scarf at her workplace. What does this case indicate about First Amendment rights in the 21st century?

A. Most First Amendment rights are protected through prior restraint.
B. Freedom of assembly is the basis of most recent court decisions on First Amendment matters.
C. Citizens' First Amendment rights continue to be protected through the judicial system.
D. The First Amendment is no longer the most important amendment for protecting religious rights.

Answer 1

For apex- C. Citizens’ First Amendment rights continue to be protected through the judicial system.

Answer 2

The correct answer is C). Citizens' First Amendment rights continue to be protected through the judicial system.

Samantha Elauf –Muslim- applied in 2008 for a position at the store Abercrombie. She wore a headscarf during the interview. The store did not hire her because the Company said the scarf violated the dress code of the company.

The Equal Employment Opportunity Commission sued the store on Elauf's behalf and claimed that “Abercrombie had violated Title VII of the Civil Rights Act of 1964 by refusing to hire her.”

Finally, the Court stated that “Title VII bestows upon employers an affirmative obligation to accommodate and not to refuse to hire an employee because of his or her religious practice.”