The US Equal Employment Opportunity Commission (EEOC), backed by 16 religious groups, has said the retailer should be held liable for rejecting a Muslim job applicant because she was wearing a hijab, a traditional head covering.
The company insists that it wasn't told the headscarf was worn for religious reasons and so the company isn't liable for not accommodating it, according to the Guardian.
However, court documents suggest when Samantha Elauf, 17, applied for a job at a Tulsa-based Abercrombie & Fitch store in 2008, no one asked her about her religion.
America's highest court must decide whether an employer can be liable under Title VII of the Civil Rights Act of 1964 for not meeting religious accommodations.
A ruling is expected in June.
