The Supreme Court has ruled that a woman who was denied a job with the clothing company Abercrombie & Fitch because of her headscarf was discriminated against on the basis of her religion.

The ruling was 8-1 in favor of the woman.

“Thus, the rule for disparate-treatment claims based on a failure to accommodate a religious practice is straightforward: An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions,” Justice Antonin Scalia wrote for the 8-1 majority.

The court said that Title VII of the Civil Rights Act requires employers to not consider religious accommodations in hiring processes.

“For example, suppose that an employer thinks (though he does not know for certain) that a job applicant may be an orthodox Jew who will observe the Sabbath, and thus be unable to work on Saturdays. If the applicant actually requires an accommodation of that religious practice, and the employer’s desire to avoid the prospective accommodation is a motivating factor in his decision, the employer violates Title VII,” Justice Scalia wrote.

The Equal Employment Opportunity Commission filed suit on behalf of the woman.

Abercrombie claimed they had not violated the law because she had not been denied employment for the head scarf.  They said she did not mention during her interview she was wearing the scarf for religious reasons and so it’s not on the company to know that’s why she was wearing it.  Scarves are a violation of the company’s employee dress code.

In his dissent, Justice Clarence Thomas said that the company could not be guilty of discrimination because the company’s policy applied to all employees and not just Muslims.