Abercrombie/Headscarf Lawsuit

OKLAHOMA CITY — A Muslim teenager claims in a federal lawsuit that she was denied a job at an Abercrombie & Fitch clothing store at a Tulsa mall because she wore a head scarf.

In the lawsuit filed Wednesday in U.S. District Court in Tulsa by the Equal Employment Opportunity Commission, 17-year-old Samantha Elauf said she applied for a sales position at the Abercrombie Kids store in the Woodland Hills Mall in June 2008. The teen, who wears a hijab in accordance with her religious beliefs, claims the manager told her the head scarf violates the store's "Look Policy."

"These actions constitute discrimination against Ms. Elauf on the basis of religion," the lawsuit states.

A spokeswoman for the New Albany, Ohio-based retailer declined to comment on the lawsuit but said the company has "a strong equal employment opportunity policy, and we accommodate religious beliefs and practices when possible."

An attorney for the EEOC claims the company violated Title VII of the Civil Rights Act of 1964, which protects workers from discrimination based upon religion in hiring. The EEOC said the lawsuit was filed after the agency attempted to reach a voluntary settlement.

"It is unlawful for employers to treat applicants or workers differently based on their religious beliefs or practices in any aspect of employment, including recruitment, hiring and job assignments," EEOC senior trial attorney Michelle Robertson said.

The suit seeks back pay for the teen and a permanent injunction against the retailer from participating in what it describes as discriminatory employment practices. It seeks undisclosed monetary and non-monetary losses resulting from "emotional pain, suffering, anxiety, loss of enjoyment of life, humiliation and inconvenience."

The suit also seeks punitive damages against the company for its "malice or reckless indifference to her federally protected rights."

Muslim Teen Sues Abercrombie & Fitch Over Head Scarf - Local News | News Articles | National News | US News - FOXNews.com
 
A & F can legally discriminate in terms of dress policy. I do believe the policy is a poor one.
 
Civil Rights Act of 1964, Title VII:

SEC. 703. (a) It shall be an unlawful employment practice for an employer--

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.
 
Civil Rights Act of 1964, Title VII:

SEC. 703. (a) It shall be an unlawful employment practice for an employer--

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.

Except that the reason she wasn't hired had nothing to do with religion.
 
Civil Rights Act of 1964, Title VII:

SEC. 703. (a) It shall be an unlawful employment practice for an employer--

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.

Except that the reason she wasn't hired had nothing to do with religion.
If she believes that the hijab is a religious requirement (as many Muslims do), she has the right to wear it without being discriminated against for choosing to do so. The store's "looks policy" will obviously prevent any Muslim girl who chooses to wear the hijab from working there. That's religious discrimination.
 
I'm on A&F's side in this completely. If they have to hire her but her method of dress interferes with their market, tough for her. As MM said, she can be hidden where she won't interfere with sales.
 
Wasn't there something along these lines a few years ago. Who was it, The Gap?

Wait, no, it was the store that only hired cute, white people. Which one was that, does anyone remember?
 
They should just hire her to clean the toilets and be done with it.

That would also be illegal.

Civil Rights Act of 1964, Title VII:

SEC. 703. (a) It shall be an unlawful employment practice for an employer--

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.
 
I'm on A&F's side in this completely. If they have to hire her but her method of dress interferes with their market, tough for her. As MM said, she can be hidden where she won't interfere with sales.

See my previous post.
 
I'm on A&F's side in this completely. If they have to hire her but her method of dress interferes with their market, tough for her. As MM said, she can be hidden where she won't interfere with sales.

Which is why they made the right legal decision is not hiring her in the first place. Doing that would have given her a legal argument to make, but not hiring her at all because she refuses to abide by company policies (which are not based in religious discrimination) makes her argument weaker.
 
They should just hire her to clean the toilets and be done with it.

That would also be illegal.

Civil Rights Act of 1964, Title VII:

SEC. 703. (a) It shall be an unlawful employment practice for an employer--

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.
True. But they are not discrimating on religion. It's her method of dress.
 

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