Sep 9 2013
NEVER HIRE A MUSLIM Reason #101: Abercrombie & Fitch didn’t heed my warning and now they are paying the price
The San Francisco Bay Area office of Muslim Brotherhood terror-kinked CAIR (Council on Anti-American Islamic Relations) and the Legal Aid Society-Employment Law Center today announced a legal victory in a lawsuit against clothing retailer Abercrombie & Fitch over the firing of a Muslim worker who refused to remove her religiously-mandated (NOT mandated anywhere in the quran, it is a display of Islamic supremacy) hijab (headbag) as a condition for keeping her job.
Don’t feel sorry for Abercrombie & Fitch. They hired Muslim women at least three times and got sued each time they refused to allow them to work on the sales floor wearing an Islamic headbag, even though the women were told what the A&F dress code was at the time they were hired. The question should be why would Muslim women want to work in a place like A&F, considering the highly sexual image it projects in its clothing ads and commercials?
The company, Abercrombie & Fitch, has become well-known for its controversial ‘look policy’, which provides strict guidelines governing how employees dress. It stipulates that staff must represent ‘a natural classic American style’ and instructs them on everything from how to wear their hair (clean and natural) to how long they should wear their nails (a quarter of an inch past the end of the finger).
Hip clothing retailer Abercrombie & Fitch, under fire for years for its policies restricting Muslim employees from wearing religious head scarves, violated the civil rights of a former employee at one of the company’s Bay Area stores, a federal judge has ruled.
In a recent ruling, U.S. District Judge Yvonne Gonzalez Rogers found that Abercrombie violated anti-discrimination laws when it fired Hani Khan from her job at a Hollister store in 2010 for refusing to remove her hijab on the job.
With a Sept. 30 trial date looming, the judge’s decision also exposes Abercrombie to the possibility of hefty punitive damages, concluding “reasonable jurors” could find such damages are warranted.
The U.S. Equal Employment Opportunity Commission and civil rights lawyers sued Abercrombie over the firing, accusing the company of a pattern of religious discrimination through its so-called “Look Policy,” which restricts what the company’s employees can wear at work and includes a ban on head coverings.
The lawsuit is one of a number of cases filed against Abercrombie and other businesses around the country over alleged discrimination against Muslim women who want to wear head scarves to work, including one filed by a former Abercrombie worker at Milpitas’ Great Mall and another filed against the Disneyland hotel.
In her ruling, Gonzalez Rogers rejected Abercrombie’s argument that allowing exceptions to its look policy could damage the company brand and that the policy is protected by commercial speech rights. She also determined that a jury must evaluate whether Abercrombie’s recent policy changes will protect against discrimination in the future.
“Abercrombie must provide more than generalized subjective beliefs or assumptions that deviations from the Look Policy negatively affect the sales or the brand,” the judge wrote. “A reasonable jury could not conclude that Abercrombie would be unduly burdened by allowing Khan to continuing wearing her hijab.”
Khan, in a statement released Monday, said she was pleased with the decision.
“It was important for me to challenge what happened because it was a violation of my rights, but also because I want to help make sure it never happens to anybody again,” she said.
Abercrombie declined to comment on the ruling but released a statement saying the company does not discriminate based on religion. and “we grant religious accommodations when reasonable.”
The U.S. Equal Employment Opportunity Commission (EEOC) originally sued Abercrombie in 2011 on behalf of Hani Khan, the Muslim woman who says she was fired from a Hollister store in a California mall in 2010 because she wore a hijab to work. (Abercrombie owns Hollister.)
This isn’t the first time Abercrombie has been in trouble over this issue. In 2009 the clothing store was found guilty of discrimination and ordered to pay $20,000 to a 19-year-old Muslim college student who was refused a job because her hijab violated the store’s “Look Policy.”