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Abercrombie/Muslim Discrimination Lawsuit

Posted by on Sep. 10, 2013 at 7:56 PM
  • 153 Replies
1 mom liked this
The Muslim teen worker who scored a legal victory in an anti-discrimination suit against Abercrombie & Fitch, which cited its dress code in insisting she not wear a hijab to work, says the retailer's policy is "very unfair." A federal judge issued the ruling last week that Abercrombie & Fitch discriminated against Hani Khan, 18, when she was fired from its Hollister store in San Mateo, Calif., in 2010 because she refused to remove her head scarf on the job. Khan says she was approached by her manager after four months on the job. "She expressed concern about my hijab," Khan told ABC News. "That's when I felt like it was not appropriate, what they were saying." After refusing to remove the hijab while at work, she was terminated. The company offered her the job back 11 days later as long as she did not wear the hijab, but she declined the offer, according to court documents. "They just don't feel like it fits in with their 'Look Policy,' which I feel is very unfair," Khan said. The "Look Policy" includes a grooming guidebook for employees outlining everything from what they should wear to how they should style their hair while on the job, according to court documents. In court, the trendy clothing retailer argued that the hijab, worn by Muslim women as a sign of modesty, would negatively affect sales. But the judge said in writing "Abercrombie failed to offer any evidence from those four months showing a decline in sales." The U.S. Equal Employment Opportunity Commission filed a lawsuit on Khan's behalf in 2011. A trial on the company's liability and punitive damages is scheduled for Sept. 30. "Abercrombie & Fitch does not discriminate based on religion and we grant religious accommodations when reasonable," a company representative told ABC News in a statement after the ruling. It's not the first time the company has made headlines or headed to court over image-related issues. Protesters gathered outside stores earlier this year after an interview Abercrombie's CEO Mike Jeffries gave in 2006 resurfaced on social media. In the interview, Jeffries said the company's clothing was marketed toward "cool, good-looking people. We don't market to anyone other than that." He later said he regretted the comments. The company settled a class-action lawsuit for $50 million in 2004 after allegations of discriminatory recruitment and hiring practices. It admitted no wrongdoing. Khan hopes her lawsuit will lead to policy changes at Abercrombie & Fitch. "I really hope that they look into their policies and practices," she said, "and they're able to reflect some changes." Agree or Disagree with the ruling?
by on Sep. 10, 2013 at 7:56 PM
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Replies (1-10):
TruthSeeker.
by Milami on Sep. 10, 2013 at 7:56 PM

 Sorry about this format. I have no idea what happened!

Aslen
by Silver Member on Sep. 10, 2013 at 7:58 PM
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Good for her!
mom23heathens
by Member on Sep. 10, 2013 at 8:00 PM
5 moms liked this
good for her. after 4 months it became a concern? was she wearing hijab when she was hired?
Mommabearbergh
by Gold Member on Sep. 10, 2013 at 8:03 PM
1 mom liked this
I agree with the ruling.
rfurlongg
by on Sep. 10, 2013 at 8:04 PM
Indeed.

Quoting Aslen:

Good for her!
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TruthSeeker.
by Milami on Sep. 10, 2013 at 8:45 PM
If I recall correctly she did not wear it from the time she was hired but later. Someone posted about this awhile ago with the original article I can't remember all of the details.
ETA:whoops sorry I meant to quote mommabear.


Quoting Mommabearbergh:

I agree with the ruling.
Mommabearbergh
by Gold Member on Sep. 10, 2013 at 8:51 PM
Was the quote meant for me?

Either way I still agree with the ruling. If a person did the interview without their cross on and then wore it to work and was told to take it off would there be a difference.the same thing could have happened but a cross does not carry the same negative ideas a hijab does


Quoting TruthSeeker.:

If I recall correctly she did not wear it from the time she was hired but later. Someone posted about this awhile ago with the original article I can't remember all of the details.

ETA:whoops sorry I meant to quote mommabear.




Quoting Mommabearbergh:

I agree with the ruling.
paganbaby
by Teflon Don on Sep. 10, 2013 at 8:52 PM

So she didn't wear it from the beginning? How long did she wear it before it became a concern?

Quoting TruthSeeker.:

If I recall correctly she did not wear it from the time she was hired but later. Someone posted about this awhile ago with the original article I can't remember all of the details.
ETA:whoops sorry I meant to quote mommabear.


Quoting Mommabearbergh:

I agree with the ruling.


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TruthSeeker.
by Milami on Sep. 10, 2013 at 9:02 PM
No I meant to quote the first purple reply. I do think it matters if they have a dress code policy. You can hide a necklace. You can't hide hijab. If they don't have a policy regarding how hair is worn then I think it was discrimination.

Quoting Mommabearbergh:

Was the quote meant for me?



Either way I still agree with the ruling. If a person did the interview without their cross on and then wore it to work and was told to take it off would there be a difference.the same thing could have happened but a cross does not carry the same negative ideas a hijab does




Quoting TruthSeeker.:

If I recall correctly she did not wear it from the time she was hired but later. Someone posted about this awhile ago with the original article I can't remember all of the details.


ETA:whoops sorry I meant to quote mommabear.






Quoting Mommabearbergh:

I agree with the ruling.
Bookwormy
by Platinum Member on Sep. 10, 2013 at 9:12 PM
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Religious discrimination is religious discrimination. You are not allowed to hire or fire based on religion in the US.

This company appears to have issues with people who aren't thin, Christian, & "cool". I think thus company is uncool.
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