has increased the religious rights of workers as justices revive a lawsuit claiming abercrombie & fitch illegally denied it job to a muslim teenager. we will hear from the activist investor who waited tables to turn it around. that story and more coming up on the bloomberg market day. mark: manufacturing is starting to rev up again in the u.s. a new report shows industry expanded more than forecast. today, olivia sterns and erik schatzker spoke with the owner and president of marlin steel who said the report is consistent with his company's growth. >> we are growing our factory for a lot -- factory floor by 50% because we are bullish and optimistic about the future. what is happening right now is the american manufacturing renaissance israel and we are poised for great growth. i'm very optimistic about the future. what makes you so optimistic? >> there's a lot of things going the right way for american manufacturing. prices have been going down for years. we have this wonderful opportunity with fracking that's going to keep prices down in america and that makes american manufacturers mu

there were two women in 2013 who won compensation, more than $75,000 each from abercrombie & fitch for what they say was targeting them for wearing headscarves. this case of course is a fairly major windbag in that particular -- a major win in that particular issue. genie: time now for the press review. nicholas rushworth is here with us on the set to take a look at papers in paris now. 20 members of the coalition are here to try to figure out a new strategy to fight the islamic state. what did the french president have to say about that? nicolas: let's go to the catholic daily. you can see the headline "a facade of unity," against what we know as the islamic state organization. the 20 or more countries and organizations in the coalition do not have an answer. that is on the ground, working in favor of the islamic state organization. that point of view is echoed in another paper, which has the headline there the coalition really having a problem settling on a strategy. one french diplomat says bashar al-assad is weaker and things are changing on the ground, and this is the time to tigh

abercrombie & fitch hires people who are essentially models. if she is going to represent the company and be an image of the company, well, the company gets to decide what you wear. that's how it works. but can i say how hilarious it is that liberals all of the sudden care about, oh religious freedom. but when it comes to business that doesn't want to serve cake or be involved in a gay marriage because of their religious rights or don't want to provide birth control or abortion liberals are silent on the issue. >> so wait. i say they're caving to the pc place. they're caving to the supreme court. the supreme court screw this one up? >> well eric it seems like to me that she should have said as i understand the facts, in her initial interview, she didn't say anything about the scarf or being a muslim. and she should have disclosed that. it's not up to the employer to decide or to figure out what religious problems you may have as an employee. in other words, if i'm inquiring about your religious peculiarities or whatever they may be i'm invading

this one about the woman who applied to abercrombie & fitch and wears hijab and feels she was turned down because that was the only reason. it just didn't comport with their clothing standards and effectively she won. explain what happened? >> that's right. the high court found that abercrombie & fitch was wrong to denies this muslim woman a job there based on her religious head covering. so it basically said that company failed to accommodate her religious needs. what it found is that a business, like abercrombie & fitch, doesn't need to have knowledge of the religion, but that what it needs to show is that the accommodation was a motivating factor in the employer's decision. it found in this case the fact that this muslim woman had to wear a head scarf, that was a motivating factor in abercrombie & fitch deciding not to give her a job there. ashleigh? >> a motivating factor. danny, that language means everything. >> yes. it does. yeah. because when we talk about -- there's a difference between motivating factors and knowing discrimination and intentional discrimination. yes, exactl

siding with the young muslim woman who sued abercrombie and fitch for wearing an hijab. and the other of a young man posting threats on facebook. >> justices roberts writing for the 2- 7-2 case where he said they don't lightly throw cases outs. this man had posted threatening posts on facebook. he said that it was his therapy. his wife felt therapy. and he was convicted to prison for 44 months based on that a reasonable person would feel threatened by what he posted online. the court said that's not good enough. you need a criminal intent and attempt to carry out these threats to have a conviction. so they tossed out his conviction to back to the lower court and said look at this possible case again to see if he can be convicted on another standard. it's a wash for domestic violence groups who want tight regulations on what you can say online. >> very interesting. listening to that abercrombie and fitch case and the hijab. what did the court decide there? >> the court decided that the store violated the civil rights of this woman. she came in for an interview. she was we

twonchts big rulings >>> two big rulings today a woman who sued abercrombie and fitch for the wearing of a hajab. lisa stark is live in washington and lisa the court does not often overturn convictions. why did it happen if this case? >> they don't but this case of anthony alonis who posted what appeared to be threatening messages against his ex wife, a kindergarten teacher and the u.s. supreme court. he was sentenced to 44 months because the jury found that based -- a reasonable person would consider these threats. well in a 7-2 decision the supreme court disagreed. the chief justice wrote for the majority saying you actually need an intent to harm to convict someone in a criminal case and they've sent it back to a lower court to take another look to see if in fact based on a tougher standard whether he should be convicted. and tony, groups that work with victims of domestic abuse were concerned they were hoping this conviction could stand so they can't be happy with the court's decision here today. >> in abercrombie and fitch what did the court decide on this one? >> samantha love w

one case involved abercrombie and fitch and workplace discrimination. the other, posts on soci >> facebook claims 1.4 billion monthly active users world wide. today in another social media channel, heard the first ruling from the u.s. supreme court about possible boundaries on free speech. the high court through out the conviction of air pennsylvania man. prosecuted for making violent threats on facebook after his wife left him. the legal standard used to convict him was too low for a criminal case. chief justice john roberts. authority of the majority opinion wrote, our holding makes clear that negligence is not sufficient to support a conviction. roberts also said the court did not need to consider first amendment issues in deciding the case. a set back for civil liberties groups seeking broader protection from prosecution. >> the message to internet users, to facebook posters. it's not only that. it's people who use older forms of technology as well is you don't have a right to threaten people the message to the government is if you want to prosecute

favor of a young muslim woman who was reswrekted from working at the clothing store abercrombie & fitch>> she wore a hijab to the job sper view wand as denied a job because the head scarf violated the retailer's look policy. >> jon: she won! she won it was disappointing she was put in that position but she won. she stood up against discrimination and triumphed and as a rewards for her brave struggle i'm proud to say that she can now work at abercrombie & fitch. (laughter) she has won the right to spend eight hours a day in a cloud of kofl own selling pink polo shirts to guys named chad. so winning the right to work in a pseudoshop is a prioric victory, but that is not the bad news. >> claims of discriminal facial of a muslim woman who claims she was denied an ununopen can of soda. she was basically saying i what use a can of soda as a weapon swrz okay sounds bad. but look you take that soda you add alka seltzer and a seagull and you have got yourself a bomb on an airplane. i mean there's-- there's a reason that they don't let you bring seagulls on airplanes. (laughter) >> jon: that's--

fitch. eloff never specified she was a muslin e-limb or asked for any religious accommodation and the company didn't ask. >> now they're trying to claim they didn't know she was religious but employees should not have to wear a sign saying i'm religious before they are protected by the civil rights laws. >> the supreme court will also decide glossum vs. gross. lawyers for three condemned men argue that a new drug cocktail violates crew and unusual punishment. >> will not prevent prisoner of feeling the pain and suffering of the second and third drugs. >> scefts say death penalty opponents have pressurize pharmaceutical companies not to supply the drug for executions. >> i think petitioners are fundamentally attacking the death penalty more so than the use of med med m beadezalem. >> attorney at goldstein and russell, he is a contributor for scotus block. the supreme court as you know is not about tithes. what is the legal precedent that the court has to examine? >> there are a number of rele

jury award, but a federal appeal court reversed it saying she had the burden to tell abercrombie & fitchhe needed an accommodation for her religious beliefs and employers cannot be held liable unless they have actual knowledge of the need. the supreme court disagreed. >> brown: the supreme court overruled that overruling to say the company's failure to accommodate her was in fact a civil rights violation. >> an unlawful employment practice. the court says basically to prevail on an intentional discrimination claim as this was a job applicant or employee has to show only the need for an accommodation was a motivating factor in the employers' decision, not that the cloir had knowledge of the need. >> brown: we had one of the key passages from justice skiia he wrote the rule based on the failure to accommodate religious practice is straightforward. an employer may not make an applicant's religious practice confirmed or otherwise a factor in employment decisions. >> right. he even gave an example of an employer who suspects thinks, is not certain that a job applicant is an orthodox jew who m

this young woman who took on abercrombie & fitch. who won? that story coming up after the break. >>> and, the young actress and the stalker who broke free from the mental hospital, crawling out through a window. there is a manhunt tonight. song: rachel platten "fight song" ♪ two million, four hundred thirty-four thousand three hundred eleven people in this city. and only one me. ♪ i'll take those odds. ♪ be unstoppable. the all-new 2015 ford edge. for the millions of americans suffering from ringing in their ears, there's no such thing as quiet time. but you can quiet the ringing with lipo-flavonoid, the number-one doctor-recommended brand. relieve the ringing with lipo-flavonoid. ugh! heartburn! did someone say burn? try alka-seltzer heartburn reliefchews. they work fast and don't taste chalky. mmm...amazing. thank you. alka-seltzer heartburn reliefchews. enjoy the relief. >>> next tonight, bruce jenner no longer. re-emerging today with her new name and her new look. abc's amy robach takes us into the room, a brave olympian, transformed. >>

two major cases that involve facebook and another involving ambercrombie & fitch. >> let's start with the facebook case. the court ruled in favor of a man who posted violent messages on facebook and was convicted under federal law. let's get straight to the supreme court. cnn's pamela brown is live there. pamela? >> reporter: this is the first time that the high court is tackling the issue of free speech and social media and today it ruled in favor of a pennsylvania man who was convicted after posting violent messages on his facebook page seemingly targeting his ex-wife, his estranged wife. another post talked about dumping his estranged wife's body into the creek. he was convicted based on those posts but the high court says that standard is too low. the standard of how a reasonable person would perceive a threat. the high court basically kicked it back down to the lower court and said what the standard should be is whether the person making the violent statement intended it as a threat or whether this was recklessness. this pennsylvania man's conviction does not stand. it's been ove

they become swrob related like they did in the abercrombie & fitch when you make assumptions. when you see somebody who apparently has a physical disability and you make the assumption they can't do the job. what you need to do is if there is something obvious like in this case the woman had a burka on and they said she's never going to meet the dress code therefore, we can't have her, you need to talk brsh that's what this case was keying on. you need to have the interactive process or dialogue. you just need to talk about the situation. is there any reason they can't do the job? >> if i'm understanding you correctly, don't bring up any issues that could be controversial. if there is something that is obvious bring it up so that you can make sure you are all clear on will this affect your job performance or not? >> right. but bring it up in the job-related way. >> right. okay. sorry. go ahead. >> is this going to get in the way of your performing the job duties? >> if the answer is no then have you to go ahead with the assumption that it will not. >> exactly. >> so you cannot

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abercrombie and fitch. everyone gets a unicorn! umm...what? no they don't. ♪ grocery outlet. market. ♪ for over 60,000 california foster children, it's a challenge to replace clothes that are too small or worn out. i grew 3 inches last year. i don't need anything fancy. i never had much to begin with. when i look nice on the outside i feel better on the inside. to help, sleep train is collecting new clothes for kids big and small. bring your gift to any sleep train and help make a foster child's day a little brighter. not everyone can be a foster parent, but anyone can help a foster child. (male announcer): this is the bay area news station, kron 4 news starts now. >> pam: shoes off, empty your pockets, stand still with your hands in the air: >> pam: all these airport security measures failed spectacularly. when tested by undercover investigators. >> pam: catherine heenan is here numbers >> pam: catherine? ... >> catherine:the numbers are alarming no matter how you look at them. >> catherine:pam t-s-a screeners failed to detect 67 out of 70 and explosives onto planes. >>to mi

pam: >> pam: the court has ruled in favor of a muslim woman, who was denied a job by abercrombie and fitchd scarf. the clothing retailer had refused to hire samantha elauf in oklahoma back in 2008 saying her hijab violated their appearance policy for sales people. but the high court says, the company policy was discriminatory saying. federal law requires employers to accommodate a workers' religion or diasability. >> reporter: 64 richmond. we are going to drop five degrees over the night hours. we will i have cloudy conditions tomorrow here's a look for you. cloud conditions that you can see will stay on the coast and it will make their what way in mind-and land. two more days for cloudy conditions and then sunday conditions. >> pam: >> gary: is next with the sports (music) hey! let me help with that. oh, thank you! (music) introducing the one-and-only volkswagen golf sportwagen. the sportier utility vehicle. >> gary: brandon belt - rips a double down the right field line. aoki an pence come around to score.2-0 giants look at this catch the catch of the year. top 3rd.2-0 sf.bases loaded fo

abercrombie & fitch is one of them. company executive presented at a jeffries retail conference today. ahead of that, they said abercrombie & fitch product changes are beginning to bear fruit, particularly at hollister. he says he seizes significant amount of product changes to come with back-to-school assortments, which should be rolling out in the next month or so. he says europe is stabilizing as well. abercrombie has been struggling 13 straight quarters of declining same-store sales. the come but he doesn't have a permanent ceo right now. chairman filling in for that role. at this conference, the coo does say he expects the business to stabilize this year. we shall see. shares were up 3% today. i wanted to look at a big changing of the guard, if you will that's going on today. that is , up 3% today and walmart down about .5%. that means that facebook by market cap is now larger than walmart. which is fascinating. take a look at my bloomberg terminal. i have a chart of the competing market caps of these two companies

and fitch and the ceo fiasco, we have in other individuals turning things around. >> it's about the of social media. whether you are a normal person trying to get baggage feedback. that's really what it's all about. so i think that yes, it is for the industry. she's probably doing okay. but it really is about this as the artist. >> you know, i don't always like her. [inaudible] >> you know, it's about personality. it's not about looks. and i think for the independent artist out there, it's great to be out there. but these individuals, it's all about her money. >> you know, if you look at the way the music used to be made, it's very different, streaming for publicity. and you have this. >> that's right. you know, i feel like taylor swift was brilliant in her approach. she didn't throw apple under the bus. but she absolutely dead. i thought it was brilliant. >> she talked about helping songwriters and the creators. and i think that, i love what she did, i love the approach. to your point, many have to manage that way and they have to react, otherwise it could hurt the financial statem

they previously won a similar case against abercrombie & fitch. welcome.irst of all, give me a sense of what you think this means for muslim americans. >> thanks so much for having me on. gosh, my reaction is happy, there are worse kinds of news articles to wake up to on a monday morning, and this was such a great moment for the american muslim community, and really all americans who are seeking religious accommodation at work. we're hopeful that this will have a positive impact on american muslims and others seeking religious accommodation at work. that the court makes clear how little or unwilling they are to tolerate religious discrimination from employers. >> does this come at a particularly difficult time for muslim americans in this country. >> on friday there were armed protesters outside of a mosque in arizona, but last night, people across the country rallied as portions of the patriot act sunseted temporarily. so the muslim community is on the front lines of many civil rights questions. >> why do you think the muslim american community in particu

a key support ruling against abercrombie & fitch. the company denied a muslim woman a job over her head scarf. judge andrew napolitano. thank you for joining us. this one is really about business and money. so she came in. and they said that her head scarf clashed with their dress code. which was new england preppie. they also said that thrch had to do -- it was a religious requirement. she didn't explain it at all. why did that not work out at all for abercrombie? >> that's the key to the case, melissa. congratulations on your great new show with david. i'm thrilled to be with you. the case puts the burned particularly important for your audience, puts the burden on the employer to ask if there's anything with your religious practices that would be inconsistent with your work here. by the way, you see the clothing i'm wearing, i have to wear it when i'm on the floor selling your product. the fact that she didn't say that does not mean she had to say it. the potential employer ought to have known to ask about it. that's the very prac

lou: the supreme court ruling in favor of the plaintiff against abercrombie and fitch, a traditional muslim headdress scarf. did that surprise you that it was upheld the? >> no, it didn't. because there was a clear statement made to the women and by the superior that interviewed her to her superior saying that i don't think that she fits this strict abercrombie and fitch policies of looks only because of her religious gear and that is completely and fundamentally opposed to her constitutional rights. so i'm not really that surprised at it. >> here is a company that has a look at some policy and you know you could appear half naked and that's okay but this woman wears a scarf and that's not okay enact. >> it is not as if she just chose to do this. >> exactly. and the supreme court said look you have to be fair to everyone. >> that company is a little screwed up on a lot of issues. >> i won't go there. >> it is a bizarrely managed operation. >> they think that everyone has to fit a certain profile or look or other customers won't go in but i think it's the opposite. >> the ceos that th

the first involving a discrimination case that related the to abercrombie & fitch. a few years back a young woman went to apply for a job, they refused her employment saying her head scarf violated their look policy which prohibited wearing head gear. the supreme court saying that their failure to accommodate her for religious reasons violated civil rights law and as a result abercrombie & fitch ruled against the supreme court. the second a pennsylvania man who posted comments on social media, he had been prosecuted convicted and sent to jail for writing some threats online on facebook. the court saying that the standard was not met, the prosecution said all he had to do was post someone that a reasonable person could see as threaten, the supreme court said that was not enough and they overturned his conviction. >>> one pilot died and another is recovering after their planes collided in midair. look at this h. you can see one plane hit the other while they were flying. this was in italy. they dropped quickly into the ocean. rescue crews found one of the pilots under

the supreme court rules in favor of a muslim woman over abercrombie and fitch. we will talk about her coming up next. stay tuned. ♪ ♪ when a moment spontaneously turns romantic, why pause to take a pill? and why stop what you're doing to find a bathroom? cialis for daily use, is the only daily tablet approved to treat erectile dysfunction so you can be ready anytime the moment is right. plus cialis treats the frustrating urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any symptoms of an allergic reaction, stop taking cialis and get medical help rig

a woman who worked for abercrombie & fitch. she sue them because of her religion. she was there for five years and they told her when things were unfair -- i noticed that you have a crucifix on your person. the next time you come back to work, i want you to hide your crucifix. and she said i cannot do that. to make a long story short, she sue the company -- sued the company, it went to the supreme court, and she won. the only negative vote was clarence thomas. i don't know what your background is in religion, but if you worked for abercrombie & fitch, would you have sued the company? guest: if we are going to live in a society that extols the virtues of religious freedom and that religious freedom is taken away, and you are at a workplace, and lose your job because they are forcing you to choose between your faith and your job they are going to be responsible for that. i would certainly take the opportunity to teach them a lesson. host: let's try an apple maryland. independent line. nick, you're next. caller: good morning. i had a specific question about the tenets

the company is abercrombie & fitch. a new investigation by the guardian has found african americans are more than twice as likely as white people to be unarmed when they are killed in encounters with police. the guardian found 102 of the 464 people killed in incidents with law enforcement this year were not carrying weapons -- that amounts to just over one in five. but among african americans, 32% of those killed by police were unarmed, compared to 25% of latinos and 15% of whites. meanwhile in missouri, a report from the state attorney general's office has shown police were 75% more likely to stop african-american than white drivers, and 73% more likely to search them. yet african americans who were searched were less likely to possess anything illegal, than whites. in mexico, 10,000 people took to the streets of mexico city to protest the neoliberal education reforms of president enrique peÑa nieto. the protests came after the mexican government announced it would suspend plans for teacher evaluations following mass o

abercrombie and fitch's lawyers say there was no way to know for certain if she didn't spell it out.en closely watched by other retailers. >>> when we come back, a big week here at cnn. we've been on the air for 35 years, 24 hours a day, seven days a week. boy, are we tired. a look back at one reporter who's been here for almost all of it, and she's had a pretty good time throughout. ♪ eenie. meenie. miney. go. more adventures await in the seven-passenger lexus gx. see your lexus dealer. as the company that's all about printing. but did you know we also support hospitals using electronic health records for more than 30 million patients? or that our software helps over 20 million smartphone users remotely configure e-mail every month? or how about processing nearly $5 billion in electronic toll payments a year? in fact, today's xerox is working in surprising ways to help companies simplify the way work gets done and life gets lived. with xerox, you're ready for real business. and life gets lived. have you touched the stuff?. it's evil. and ladders... awwwwwww!!!!! they have all those

she applied at abercrombie & fitch. she calls herself a palestinian american.rcrombie said she did not reflect their dress code refusing to hire her. that was 2008. the supreme court ruled 8-1 that samantha elauf was denied her rights and the case is back to court. and you say? >> this is why people don't hire in america any more. nobody can understand the laws. and if you hire someone in a protected class, you may be sued if you ever try to fire them. or if you don't hire them you may be sued. >> can you get it both ways. you don't hire them you get sued. if you fire them you get sued for administration. muslim americans protected class? >> yeah. sex, race age, disability nationality, citizen status, pregnancy, family status. religion. >> religion that's 80% of americans now. so whatever religion you are, if you get fired, you can say, they didn't like you because you are catholic or jewish or whatever. >> and the laws made to help. like the ada, disabilities act. now we make it illegal not to hire a disabled person. now only 32% of disabled are hired because

the supreme court takes down abercrombie and fitch. it's about time whenever declares those super skinny jeans cruel and unusual. [laughing] >> larry: we get an update on baltimore. here is a hint it's from fox news. it's going to rhyme with [beep] crazy. you have the right to remain nightly. this is the nightly show! [cheers and applause] [cheers and applause] ♪ >> audience: larry, larry! larry: thank you, very much. very good. thank you. welcome to the nightly show. no, i appreciate it. such a good crowd. i'm larry wilmore. tonight i thought it would be fun to check in with one of my top favorite branches of the government judicial. [laughing] >> larry: that's right in a brad new segment i'm call "what up supreme court." i like that. now really i love the supreme court. i come from the world of sit comes, right. the supreme court is like whacky sitcom characters. you have the perverted mute, the crazy asshole who believes corporations are people. and the sexpot neighbor who maybe the smartest of the bunch, right. so what law is this

supreme court has ruled in favor of a muslim woman who filed a lawsuit against store abercrombie & fitch after she was denied a job because of wearing a headscarf for religious regions -- reasons. the court ruled 8-1 that they not have to ask for religious accommodation to sue. this is one hour. >>

a lawsuit coming abercrombie & fitch illegally denied a job to a muslim teenager because she wore a headscarfthe rule of law require businesses to be more terrible about religious discrimination when they interview applicants. those are some of your top stories at this hour. and i diseases are the leading causes of disability in the u.s. and account for 70% of all debts. think of things like depression, addiction, schizophrenia. millions don't get treatment. one biotech company is trying to change that. use technology to make drugs longer lasting. one for once a week instead of once a day. it currently gets 85% of revenue this company to big companies. there focusing on its own pipeline of drugs. how could be this -- could this market be? joining us now, richard. when you take a look at the big guys who deal with ms, hepatitis c, hiv, how could -- mickey mantle ole miss the in comparison? richard: mental illness is one of the biggest houses of human suffering in the world. diseases like depression, schizophrenia, addiction. the bio gender just 10 years were small companies. you can get so big

two major cases that involve facebook and another involving ambercrombie & fitch. >> let's start withwho posted violent messages on facebook and was convicted under federal law. let's get straight to the supreme court. cnn's pamela brown is live there. pamela? >> reporter: this is the first time that the high court is tackling the issue of free speech and social media and today it ruled in favor of a pennsylvania man who was convicted after posting violent

the justices ruled in favor of a muslim woman who did not get a job with abercrombie and fitch because she claims she wore a head scarf to the interview. abercrombie said she didn't mention her religion in the interview but the court ruled the court should have suspected she wore it for religious reasons. >>> next at 11:00. still tracking the rain threat. the flood watch through the morning. >> plus undercover agents smuggling weapons through airport security. >>> and he answered a craigslist ad for his own stolen bike. tonight police tell the i-team what you should and don't do if your wheels get ta >>> still tracking the very heavy rain. making its way out of d.c. making its way as well. more heavy rain through calvert county and saint mary's county is that then this big bulk of very heavy rain. some strong storms too toward couple peopler, making its way toward fredericksburg. heads up. that rain making its way toward d.c. >> thank you. >>> the man running the tsa was just relieved of duty tonight after undercover testing of the agency's ability to stop people from bringing weapons

she was denied a job in abercrombie and fitch. she did not ask the company to give her a religious accommodation. the court found the company's refusal to hire her was motivated by a refusal to accommodate her religious beliefs. >>> we are joined by associate professor of law, a texas university. she has written on the work place discrimination. thanks for your time. it's very complex. i wonder what you make of the ruling. >> i think it is a positive legal development that is going to benefit men religious minorities particularly women that don a head scarf. in an environment where anti-muslim bias arises at a growing rate. it's going to progress society towards equal treatment of religious minorities that are being stigmatized and public and the government as well. this is all about whether or not she was wearing her hib jab. because it was a religious thing, because of her religion legally, can an employer not hire someone because of way they look. >> an employer cannot intention ill discriminate. the issue was whether she had t

. >> in a statement abercrombie and fitch pointed out that the court did not determine that the company discriminated against ms elof adding: the equal opportunity brought the case to the court. in a statement it was said: >>> the senate could vote as soon as tomorrow on a bill that would change portions of the patriot act. sunday night the senate allowed parts of the law to expire including bulk data protection. as libby casey reports, some antecedents say the law does not do enough to protect the americans right to privacy. >> the deadline to keep pact aring provisions going came and went despite warnings. >> at this time isn't this programme as critical as it has ever been since its inception, given the fact that the middle east was literally on fire. >> reporter: antecedents agreed to move forward. it would end government bulk collection in phone records that leave them in the hand of telekom companies. it would continue the patriot act's roving acts and surveillance of lone-wolf suspects so it has to get final passage in the senate. the majority leader tries to speed up the process