Take Two? EEOC Moves For Reconsideration After Losing High-Profile Religious Discrimination Case Over Abercrombie’s “Look Policy”

We previously reported here on the EEOC’s stunning defeat in the Tenth Circuit in the case of EEOC v. Abercrombie & Fitch, No. 11-5110 (10th Cir. Oct. 1, 2013), concerning a job applicant who was not hired because she wore a hijab in violation of Abercrombie’s “Look Policy.” In this decision, the Tenth Circuit not only overturned the grant of summary judgment to the EEOC, but also, in a complete 180 degree turn, held that Abercrombie was actually entitled to summary judgment. In announcing the standard that it would apply to religious accommodation cases going forward, the Tenth Circuit held:

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