In 2008, a 17-year-old woman applied for a position as a salesperson at teen retailer Abercrombie & Fitch. The applicant, Samantha Elauf, appeared at the interview wearing a Muslim head scarf known as a hijab. She completed the application and submitted herself for an interview. She wore the head scarf at the time of the interview and did not make any specific reference to her religion nor did the interviewing parties request any information regarding the head scarf.

Company supervisors initially ranked Elauf very high as a candidate. However, they later reduced her scores based on management’s contention that she violated Abercrombie’s “look policy,” which prohibited black clothing and “caps.” Elauf filed a charge with the Equal Employment Opportunity Commission. They accepted her case and pursued it through the trial level, the appellate level and ultimately to the U.S. Supreme Court.