Judge: Abercrombie wrongly fired Muslim woman for wearing hijab at work.

Sunni Man

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Aug 14, 2008
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SAN FRANCISCO (AP) — A federal judge in San Francisco has ruled that trendy clothing retailer Abercrombie & Fitch wrongly fired a Muslim worker who insisted on wearing a head scarf.

U.S. District Judge Yvonne Gonzalez Rogers said the company violated anti-discrimination laws when it fired Hani Khan from its Hollister store in San Mateo, Calif., in 2010. Rogers issued the ruling on Tuesday.

The company claimed the head scarf violated its policy governing the look of its employees, which it said was part of its marketing strategy. The store argued that deviating from its look policy would affect sales.

But the judge said Abercrombie & Fitch offered no "credible evidence" that Khan's head scarf cost the company any sales.

"Abercrombie only offers unsubstantiated opinion testimony of its own employees to support its claim of undue hardship," Rogers said.

The U.S. Equal Employment Opportunity Commission filed a lawsuit on Khan's behalf in 2011.

A trial on the company's liability is scheduled for later this month. The judge said the jury is free to award punitive damages if it chooses.

Judge: Abercrombie wrongly fired Muslim for hijab
 
They keep using the term "head scarf" but a hijab is generally more then that. I would have to see exactly what this woman was wearing but generally don't see how a woman wearing one would seriously disrupt A&F's operation and can see how a judge might consider allowing it a reasonable accommodation of her religion.

I doubt one would get this ruling if she was wearing a burka...a head scarf, maybe.
 
This is her wearing the type of head scarf she wore to work.

article-2416420-1BB8A40B000005DC-412_306x423.jpg
 
if it was against company dress code, I dont see why she would even work there
another example of "equal rights" turning into special rights. I wonder.if she was wearing that when she got hired? that might change my mind
 
She had the head scarf on during her job interview and was hired wearing it.

And wore it for several months while working at the store.

Then one day an upper level manager visited the store and said she had to take it off.

When she refused to remove it she was fired. .. :cool:
 
if it was against company dress code, I dont see why she would even work there
another example of "equal rights" turning into special rights. I wonder.if she was wearing that when she got hired? that might change my mind

Have you been in their stores? They don't have much of a dress code.
 
She had the head scarf on during her job interview and was hired wearing it.

And wore it for several months while working at the store.

Then one day an upper level manager visited the store and said she had to take it off.

When she refused to remove it she was fired. .. :cool:

then I agree with the ruling!
stupid stuck up pricks anyways
 
She had the head scarf on during her job interview and was hired wearing it.

And wore it for several months while working at the store.

Then one day an upper level manager visited the store and said she had to take it off.

When she refused to remove it she was fired. .. :cool:

There was no dress code for interviews. Once hired she was handed a store policy handbook which included dress policy for work.
 
if it was against company dress code, I dont see why she would even work there
another example of "equal rights" turning into special rights. I wonder.if she was wearing that when she got hired? that might change my mind

Religious rights are equal rights, not special rights.

This is a good ruling.
 
To those saying if she wore it at the interview that makes it okay...I'm sure A&F's dress code states "whatever you wear at the interview is the established dress code of this company".
 
yea they wouldnt want to.point out she couldnt wear that
get real dude
 
To those saying if she wore it at the interview that makes it okay...I'm sure A&F's dress code states "whatever you wear at the interview is the established dress code of this company".
She wore the head scarf for several months while working at the store and management never said anything to her about it.

So a de facto acknowledgement of her right to wear it on the job was set.

And that is the main reason the judge ruled in her favor. .. :cool:
 
If a place has a dress code and an employee refuses to follow it then said employee should be fired.

As an employer it is not my responsibility to cater to anyone's backwards religious beliefs.
 
I agree, but her boss set a precedent.
they screwed up, now they have to aceept it
 
They keep using the term "head scarf" but a hijab is generally more then that. I would have to see exactly what this woman was wearing but generally don't see how a woman wearing one would seriously disrupt A&F's operation and can see how a judge might consider allowing it a reasonable accommodation of her religion.

I doubt one would get this ruling if she was wearing a burka...a head scarf, maybe.

A&F has a dress code. This woman was aware of the dress code, and the store manager hired her with the understanding that she could not wear the scarf and work in the front of the store. In other words, there was a reasonable accommodation, and someone blew it. This time, it was the company, and they should have just hired her back after the district manager fired her.
 
if it was against company dress code, I dont see why she would even work there
another example of "equal rights" turning into special rights. I wonder.if she was wearing that when she got hired? that might change my mind

Have you been in their stores? They don't have much of a dress code.

Employees are required to dress in clothing the store sells, how is that not a dress code?
 

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