Abercrombie & Fitch (NYSE: ANF) is being sued by a Muslim teenager who wanted to work at an Abercrombie Kids store in Oklahoma's Woodland Hills Mall. When she applied in June 2008, Samantha Elauf was told that the hijab she wears is inconsistent with Abercrombie's "Look Policy." So, the 17-year-old took her concerns to U.S. District Court on Wednesday, where a lawsuit was filed by the Equal Employment Opportunity Commission.
A spokeswoman for the retailer wouldn't comment on the lawsuit but did indicate that the store has a strong policy around equal employment opportunity and that it accommodates religious practices "when possible."
In this case, the EEOC thinks it was possible and is seeking back pay and a permanent injunction against Abercrombie & Fitch from engaging in (what the EEOC says is) discriminatory employment practices. Also being pursued are monetary and non-monetary losses because of "emotional pain, suffering, anxiety, loss of enjoyment of life, humiliation and inconvenience." The suit also indicates that the plaintiff is looking for punitive damages.
This sort of action isn't completely new to Abercrombie & Fitch, which settled a lawsuit by the EEOC in 2004 – paying $50 million in a case where the company was accused of promoting whites ahead of minorities and developing an image that was almost all white.
What Happened When Alex Kenjeev Paid His Student Loan in Cash
Facebook's IPO Debacle, Day 3: Un-Friended and Dis-Liked on Wall…


Reader Comments (Page 5 of 11)
9-21-2009 @ 4:40PM
Bill T. said...
aaaaa
9-21-2009 @ 4:47PM
telrpm said...
so does this mean my 50 pound over weight sister of mine could sue A&F because they require a look... come on... this is America... not the middle east... America is the land of the free... You know i might sue on behalf of my sister.. Can you say class action lawsuit....
9-21-2009 @ 3:53PM
sawmn459 said...
not all muslims wear their attire/it is a choice. she needs to remember where she is. she is lucky to be here. in the UNITED STATES OF AMERICA.
9-21-2009 @ 3:43PM
ehm said...
mika_mk2001--Saudi Arabia is not an insane asylum. Whether or not your narrow little mind is--that's another question for another time. There are crazies in any country at any given time, so please do the logically correct thing by not stereotyping and generalizing in such a pathetic way.
About the story (yeah, let's stay on topic)--unfortunately, the Separation of Church and State law might cause the young lady to lose her case. Although I think that religion and faith are important, the clothes you wear while working in public do matter. I would like to think that A & F were operating above-board on this, but I have my suspicions that the young lady is being targeted for her Muslim status. A&F are worried about sales dropping, etc. They want to maintain a certain image, but they do need to provide equal opportunity. I'll be curious to see how they handle this. I just might want to give my business to a more fair-minded, less shallow company.
9-21-2009 @ 3:44PM
Sultry said...
I'm all for religious freedom, but if you want to work, you have to be able to follow company rules. Pain and suffering, loss of wages my azz.
9-21-2009 @ 3:45PM
ashleigh said...
Since when did the "free" get removed from Free Enterprise? Do companies not have the right to hire who they want? Sell what they want? Advertise the way they want? This is getting ridiculous!! If I went to Saudi Arabia, I wouldn't be allowed to work in a store wearing American clothes, so fair is fair... She can practice any religion she wants and she can wear whatever she wants, but she can't force people to hire her, anymore than the middle-east proprietors of shops would be forced to hire me, especially if I was wearing A&F style clothing... I would have to conform on some level to be hired over there, and she needs to conform on some level to be hired over here... And BTW, did it occur to anyone that maybe she wasn't hired because she simply wasn't qualified? Maybe it had nothing to do with her clothes at all, or maybe it did, in part, but maybe it wasn't the whole reason... Do we now have to hire people no matter how badly they don't qualify, just so we're not accused of something? I hope A&F wins this one... This is a deliberate ruse for making money and nothing else... It reeks of fraud!!
9-21-2009 @ 3:46PM
vivienne uebbing said...
Reason 193939393,00 why I HATE MUSLIMS. They feel oppressed, tell them to go back where they came.
9-21-2009 @ 3:47PM
Dennis said...
I work in a medical office, it's a privately owned business. We all have to wear scrubs, it's standard office policy. If I don't like it I'm free to look for a different job.
9-21-2009 @ 3:46PM
tea4taylor said...
This situation with the religious practices and ethnic background is getting a bit out of hand. The government is already trying to wipe out the Christian holidays, the greetings, prayer in schools, and all for the respect of other backgrounds. I mean, where does this all stop? If I went to work in a cafe, was required to wear a uniform that I didn't like, I feel I would have to seek another job, don't you think? Duh....So where does she have the gall to ask for punitive damages? or anything else?
9-21-2009 @ 3:51PM
Frank said...
x3qt, there are fanatics in every religion, crazy christians, jews etc. however, we are not talking about every religion, we are talking about a spoiled girl who didnt get a job because she feels that she is above the stores policies. we dont like you people and havent for a long time, maybe it is time you all go back to whatever hell hole country you came from, go back to beating your women and killing your daughters and, hopefully, blow yourselves up to oblivion.
9-21-2009 @ 3:49PM
tampagrl said...
Uh, Dumb! If you work at McDonald's you must wear their uniform, if you work in a corporation you must wear the appropriate suit and tie or ladies equivalent. You certainly can't show up wearing a bikini because you fancy yourself a supermodel. EVERYBODY must adhere to whatever dress code policy their employer designates. Get over yourself!
9-21-2009 @ 3:50PM
GDRooter said...
...something to Remember in September...yep, it's a melting pot all right....just keep eating their falafels and shwarmas and riding in their taxis until YOU TOO end up getting blown up/gassed/shot or whatever your friendly local "American" jihadist decides to do to you and your family...Look at what just happened in Queens. Give them a big smile as you ask for extra tehina sauce.
9-21-2009 @ 3:51PM
srsnakes said...
Maybe I should fire my waitress who insists on wearing that silly cross necklace everyday.
9-21-2009 @ 3:52PM
Frank said...
Hey dretis, at least us whites can spell and formulate a comprehensive argument. I read your post 3 times and still dont understand what you are saying. By the way, I know many blacks who hate muslims too. Moron.
9-21-2009 @ 5:22PM
gewizz said...
Hey Deadend,
Your response to my comment is based on argumentative and out of context absurdities. It is also loaded with
factually incorrect assertions and bizarre, out of context, issue creep.
For example, what in the world does your hyperbolic citation of a "poorly maintained factory that's poisoning a water supply" or "trace amounts of lead that may or may not have an affect on the unborn", have to do with my comments about a dress code at Abercrombie & Fitch?
Furthermore, you have repeatedly, and incorrectly, asserted that the U.S.A. is a democracy; it is not. This country was formed as a Republic. While it is true that we are free to vote, we do not directly govern by a majority of votes. Otherwise, it may have taken another 50 or 75 years to rid ourselves slavery. Also, no, theoretical, majority of votes could be formed in order to re-establish slavery.
In this country, our voting prerogatives are predicated upon the U.S. Constitution. Which, by the way, is a document that was primarily intended to outline and "LIMIT" the role of government.
Elsewhere, in your reply, you astounding claim that it is the responsibility of business to conform to a democratic precedent. This brings two things to mind.
(1), I am all but positive that, if you were somehow allowed your (perfect) democratic majority vote, you would sadly find that the vast majority of people would vote in favor of telling the government but out and let Abercrombie & Fitch set their own dress code standard.
(2), It is not the responsibility of business to conform to your so called, and non-existent, "democratic" precedent. They should only be concerned with conforming to a "constitutional" precedent. Which, by the way, provides absolutely no basis for the government's involvement.
What is at issue here, is that A&F declines to allow its employees to wear obviously discernible religious attire. Whether or not we agree with their decision is irrelevant.
Even if I do not agree with the decision itself, I fully support their right to decide. Conversely, I am completely against the Government's intrusion. Like it or not, having the government come in and force a private company to amend something as inconsequential as a dress code, is an excellent example of Fascism at work.
If this young woman actually does want to work at A&F, (which I seriously doubt) then she needs to comply with the dress codes. Although, my personal suspicion is that her job application was just a pretext for a lawsuit.
My instincts tell me that this seventeen year old girl is just a pawn. She is not behind this case and A&F was just a target. I think she would have walked away if the job had been offered without condition.
I stand behind all of the comments offered in my previous posting and, despite that your comments are scattered, off topic, in-cohesive and nearly unintelligible, I am still able to discern enough to know that I disagree with your socialistic views.
9-21-2009 @ 3:55PM
mike said...
What a crock. When I contacted the eeoc after being terminated because I went on sick leave the eeoc told me I didn't have a case. I guess it was because I was white and over 50. I guess I should have given them an arab name and the eeoc would have stood up for my rights.
9-21-2009 @ 3:58PM
dferre5587 said...
If she cant abide by the rules of the company, then she need not apply. All jobs have criteria, she doesnt fit the criteria, so she doesnt get the job. Whats the problem? Move on little girl. When you go looking for a job, you conform to the company , otherwise open up your own business and do what you want. SHE DESERVES NOTHING.
9-21-2009 @ 4:03PM
uvolttafrancis said...
This is just crazy I used to work for A&F as a teenager and I'm a black female. If you want to work there it only makes sence to wear their clothing or clothing like theirs. When hired as a model you job is to model their clothing. How can you model heir clothing with all the shit they wear on. A&F is a very revealing as far as skin usually goes so why would she want to work there anyway, its a conflict of intrest. That's kinda like me working at a berka store. Muslim or not this is a stupid lawsuit and I hope she gets nothing!!!
It funny how these Muslim come over here and demand we respect their religion, thought, hell their very existance. But if you were to go over there you will be clubbed and likey stoned for your ways. If you don't like it here go away, or move to Detroit where there are lots of you guys. Maybe you all could start a bigger lawsuit.
9-21-2009 @ 4:05PM
Chris said...
The individual above who mentioned Minnie Mouse is absoulutely correct. Disney resort employees are cast members who can be required to be costumed in a particular way with specified physical characterisitcs. Several high-end hotels like The Clift in SF also use a similar hiring process (all the front desk employees are gorgeous). I expect A & F to prevail on similar grounds.
9-21-2009 @ 4:05PM
Karla said...
FUBU uses white models and models of various other races.