A federal appeals court held in favor of Abercrombie because the job applicant never informed the company that she wore the scarf for religious reasons. Lawyers for Abercrombie are arguing that employers must have actual notice of a potential conflict between an employee's religious practices and the employer's workplace rules and policies.
The former job applicant’s attorneys are arguing that there “can't be some strict requirement that an employee has to say certain words before the employee's religion is protected."