Question $16$

$4$ pts

The U$.$S$.$ Supreme Court on Monday ruled in favor of a Muslim woman who sued for discrimination after being denied a sales job at age $17$ at an Abercrombie & Fitch Co clothing store in Oklahoma because she wore a head scarf for religious reasons.

In an $8-1$ decision, the U$.$S$.$ Supreme Court backed Samantha Elauf, who had been rejected for a job under Abercrombie's sales staff "look policy" after coming to her job interview wearing a head scarf, or hijab, worn by many Muslim women.

The Supreme Court had to decide whether Elauf was required to ask for a religious accommodation to allow her to wear the scarf in order for the company to be sued under the Civil Rights Act of $1964,$ which among other things bans employment discrimination based on religious beliefs and practices.

In an opinion by Justice Antonin Scalia, the court said Elauf only had to show that her need for an accommodation was a motivating factor in Abercrombie's decision not to hire her.

This case hinged on what theory of liability under employment discrimination law that prohibits an employer from using a facially neutral policy that has an unfavorable impact on members of a protected class?

A$.$ Disparate impact

B$.$ Disparate treatment

C$.$ Comparative negligence

D$.$ Bona fide occupational qualification $($BFOQ$)$