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.











Reader Comments (Page 1 of 11)
9-20-2009 @ 3:48PM
Lilathe said...
so.... about the FUBU company... For Us, By Us- that caters strictly to blacks and promotes a strictly black image... that's ok? but promoting clothing that white people like to wear isn't ok?
9-20-2009 @ 3:52PM
Philip McCleary said...
With any luck at all Abercrombie & Fitch will win this case. A company has the right to set rules about how it wants it's employees to appear in public. Whats next will we be forced to view "Minnie Mouse" with a hijab. If this young lady wants to work at Abercrombie & Fitch then she needs to follow the rules they have in place. After all she would be working for them not the other way around. If she wins this case perhaps I should show up at work in a pink thong and tell my boss to like it or I will file a lawsuit. Come on people this is pure old BS it is another way Muslims are trying to force their beliefs on the rest of us. You don't see other religions doing this and they should not be allowed to do so.
9-20-2009 @ 3:59PM
helena said...
I agree religious and/or political clothing should be up to the share holders not the employee.
If you want to dress like that perhaps a store that sells burkas would be a better setting.
The right to refuse service to anyone as well as the right
for Hooters to choose how the waitresses look is a cornerstone to free society.
9-20-2009 @ 4:05PM
Tim Wittik said...
I certainly hope the girl with the prosthetic arm who was forced off of Abercrombie & Fitch's sales floor due to the look policy would be given equal or greater consideration than a Muslim - not because I am anti-Islam, but because it is certainly less discriminatory to ask someone not to wear a hijab then to refuse them a sales position because of an artifical arm.
Personally I think this suit has no merit. But the other situation I referenced should be rectified since it is a direct violation of the American's with Disabilities Act. Either way ANF's 'look policy' is going to be closely scrutinized.
9-20-2009 @ 4:08PM
spedling1 said...
Once again muslims are trying to FORCE their beliefs on others. If this young one wants to work at Abercrombie and Fitch, then she should abide by company rules. I truely hope that the company wins the suit and counter sues. If muslims don't like the way we live or can't understand the concept of "personal choice" then maybe they should start their own business where they can treat their women like rented mules. OR just go to a country where they can oppress the locals.
9-20-2009 @ 4:19PM
Laura said...
Abercrombie needs to specify that they hire salespeople as "models who do sales" so they can "type cast" their employees to fit the "Look Policy" they desire. Places like Hooters, nightclubs and other establishments that look to hire waitresses or hostesses that look a certain way use the word "model" first (like "Models who waitress", etc.) to get away with only hiring say, busty college-age girls to serve beer & chicken wings. Hooters wouldn't be the same if they were hiring A-cup 40-somethings with mom arms, would it?
9-20-2009 @ 4:22PM
Arian said...
How typical. Somehow I feel muslims never like to follow policy set by the society and expect everyone to accept their religious views. Or choose the next best option of filing a case. Such cases should never be given any merit and must be without further consideration be dismissed. Every corporation has its own policies - some companies expect their employees to be dressed a certain way and there are others like google, apple do not believe in asking their employees to wear a tie and a jacket everyday. She must go to some middle east country and work in their hijab selling store so she can happily be dressed the way she wants. This is totally exasperating. Beware!! they are trying to impose their culture on a free-thinking society. Let them not takeover.
9-20-2009 @ 4:40PM
Whitmorris said...
At what point will we be legally disallowed to discriminate against anybody for any reason? If this anti-discrimination crap keeps up, it won't be long before we are being sued for discriminating against people who are motivationally and energetically challenged ( LAZY ). Take the damn scarf off and quit crying, you little bitch.
9-20-2009 @ 4:49PM
Jordan said...
I'm not sure how exactly I feel about this case; I think I would lean toward supporting Abercrombie. What I take issue with is the comments about this young woman somehow forcing her beliefs on people. I don't see how a woman wearing a hijab has any effect on anyone else. A Christian can wear a cross necklace (which I agree is not as visually obtrusive as a hijab) without anyone feeling like Christianity is being forced on them.
9-20-2009 @ 4:53PM
Carver said...
@Lilathe, the lawsuit isn't about the clothing it's about hiring and promotion; and Abercrombie has a long history of hiring & firing people based on race, as has been proven in court, if you followed the link.
@Whitmorris, anti-discrimination action isn't "crap" it makes America a better, more just place. I guess you've probably benefited from racial discrimination so you don't mind, but it's illegal and we will fight you tooth and nail.
9-20-2009 @ 6:26PM
pgatz11 said...
Is it really a big deal for an employee to wear a hijab in a clothing store?
It is unfortunate that Abercrombie promotes this "white" image. Are they afraid of losing the business of anti-Islam bigots? Worse, they are capitulating to such bigots by not hiring someone who wears a hijab? It's just unfortunate.
I do support businesses being allowed to tell their employees how to dress, but I question the necessity of Abercrombie's "white" look policy... It's just unfortunate.
9-20-2009 @ 5:02PM
Adam said...
The hypocrisy and outright bigotry evident in most of these comments is astounding. How exactly is she “forcing her beliefs” on anyone else? The hijab is something which is mandatory in Islam. She’s just trying to practice her faith. She is not asking anyone else to wear hijab (nor is any other Muslim here in the U.S. for that matter), she’s just wearing it herself. By prohibiting her from wearing it, YOU haters are the one’s trying to impose YOUR beliefs on her (and other Muslims). How is it any of your business what we Muslims wear? If you want to outlaw the hijab or burqa, then I guess you’d better also get to work on those habits nuns wear (they’re pretty similar to hijab). Married, orthodox Jewish women also cover their hair. Better go after them too right? Got some fascist fashion police here don’t we? No Muslim here I know, nor I has ever tried to “force my beliefs” on anyone. I’m American born and raised, and I (and my family) will wear whatever I (we) damn well please. And I hope Inshallah (God willing), all the fascists trying to impose and force THEIR beliefs on us (and anyone else) lose this and all similar court cases.
9-20-2009 @ 5:11PM
AK said...
@Carver
There is a big difference between racial discrimination and 'look' policy. One is discriminating based on something the individual has no control over, the other is agreeing to disagree on choices. The girl has made a choice to wear a Hijab. She has to deal with the consequences of this choice, which include not working in positions that require you to dress up a certain way if she is not willing to do so. This is important for a clothing store since it is selling the 'Look'. How would you react if you saw a car salesperson in shorts and a tshirt at a merc dealership. Why is the Hijab any different? While the religion is her personal choice, it is not ANF's choice. They are not forcing her to change her religion. Just asking her to dress appropriately for work.
9-21-2009 @ 10:14AM
Knadid said...
u guys are Anti-Muslim.... the store has no Code dress, and maybe maybe that girl cud be white muslim American who knows why u guys assume she's from another Country plus she's just teen, damn this is not the America there i knew....
9-20-2009 @ 5:31PM
cygnox said...
first off, Adam is right. Wearing a hijab is not forcing your religion on anyone. I am white and I don't wear A&F stuff because its just not my style, however I live in LA and if any of you have taken a look at the CraigsList postings for jobs out here, you will notice things like "attractive women for VIP bottle service" not to mention Hooters or male or female strip clubs hiring only attractive people. I rarely see white people working at Lids or FuBu and Im ok with that, because that is black culture represented in capitalist form just as A&F is in white form. Just a thought, I bet this girl wanted to work at A&F just as bad as I would want to work at FuBu. Sounds like BS to me. I got a great idea for her, instead of being bitter and trying to s*it on everyone else good times and way of life, make a clothing line that caters to Muslim/American youths. Whining will not get your peoples rightful place in this country, your creativity will. Best of luck.
9-20-2009 @ 5:37PM
Laura said...
@Adam -
While I agree with you that the wearing of the hijab isn't "forcing" a religion or an ideal on anyone, I must disagree that this is focused solely on Muslims. Nuns wear habits and Orthodox Jewish women cover their heads, but you don't see either of them dressed like that working at Abercrombie, Hot Topic, The Gap or any other place that has a dress code or "Look Policy." You also won't see them working at Hooters or at a Strip Club - or even wearing them at McDonald's, Taco Bell or other places where those items would conflict with the required dress code, uniform or company policy. Sometimes a policy is just a policy and isn't set up to discriminate, but to set a standard that the company desires to uphold.
9-20-2009 @ 5:40PM
cygnox said...
first off, Adam is right. Wearing a hijab is not forcing your religion on anyone. I am white and I don't wear A&F stuff because its just not my style, however I live in LA and if any of you have taken a look at the CraigsList postings for jobs out here, you will notice things like "attractive women for VIP bottle service" not to mention Hooters or male or female strip clubs hiring only attractive people. I rarely see white people working at Lids or FuBu and Im ok with that, because that is black culture represented in capitalist form just as A&F is in white form. Just a thought, I bet this girl wanted to work at A&F just as bad as I would want to work at FuBu. Sounds like BS to me. I got a great idea for her, instead of being bitter and trying to s*it on everyone else good times and way of life, make a clothing line that caters to Muslim/American youths. Whining will not get your peoples rightful place in this country, your creativity will. Best of luck.
9-20-2009 @ 5:44PM
Hanah said...
@AK. This is a case of religious discrimination plane and simple. This girl is a practicing Muslim. She wears hijab because it is a mandatory part of the faith. Asking her to choose between her faith and gainful employment is nothing more than an attempt to attack her faith and force her NOT to practice Islam. Btw, I have (non-Muslim) friends who work at Abercrombie. They say the dress code allows them to wear hoodies. So they obviously don’t have a problem with employees covering their head/hair. So why are they not allowing this girl to wear hijab? Personally, I think the hijab is very fashionable. I’ve seen plenty of non-Muslim women wear scarves over their heads too (albeit in a slightly different way). Oh, and all those fascist comments about Muslims trying to “impose their beliefs” on others. Yeah, I think what these commenters are really doing is trying to impose THEIR beliefs on others. And trying to oppress and force Muslims to abandon their faith.
9-20-2009 @ 5:52PM
mika_mk2001 said...
These people and their belief in their invisible world should be classified as insane and sent to an insane asylum. I Highly recommend Saudi Arabia.
9-20-2009 @ 5:53PM
dscg_919 said...
FuBu doesn't exsist anymore nor did they have a store, their clothes were sold by everybody so that is poor example you are using, do some research first don't just say something that you have heard. The fact is that it is illegal too discriminate based on how she "looked". Even if that was the reason for her not being hired the manager is an idiot for telling her. Management should be demoted or replaced for not using better skills, a simple we found a better qualified candidate and thanks for applying would er answer better answer and they would not be going through this messy little situation.