Did Abercrombie and Fitch Discriminate Against Muslim Woman?

October 6, 2014
Written by Sam Hananel in
National Collegiate Dialogue, Race Relations
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Abercrombie has settled two other EEOC discrimination lawsuits over the same issue and it changed its "look policy" four years ago to allow its workers to wear hijabs.
Abercrombie has settled two other EEOC discrimination lawsuits over the same issue and it changed its "look policy" four years ago to allow its workers to wear hijabs. Photo Credit: content.time.com

Did retailer Abercrombie & Fitch discriminate against a Muslim woman who was denied a job because her headscarf clashed with the company's dress code?

That is one of the questions the Supreme Court will take on in its new term, which begins today, October 6, 2014.

In the Abercrombie dispute, the Equal Employment Opportunity Commission sued the retailer after it refused to hire Samantha Elauf at a Tulsa, Oklahoma, store in 2008 because her Muslim hijab conflicted with the company's "look policy." The policy was described at the time as a "classic East Coast collegiate style."

A federal judge initially sided with the EEOC, but the 10th U.S. Circuit Court of Appeals reversed, saying Elauf never directly informed her interviewer she needed a religious accommodation, even though she was wearing the headscarf during her interview.

Hani Khan, a former stockroom worker for Abercrombie & Fitch Co. was fired for refusing to remove her Muslim headscarf.

Government lawyers say the appeals court ruling undercuts legal protections for religious practices because it unfairly places the entire the burden to raise the issue with job applicants who often aren't aware of a potential conflict.

Abercrombie, which has faced slumping sales and could face negative publicity in the case, has pressed on with its defense, saying it was Elauf's obligation to explain any special needs based on her religion. The company argues that job applicants "are not permitted to remain silent and to assume that the employer recognizes the religious motivations behind their fashion decisions."

Abercrombie has settled two other EEOC discrimination lawsuits over the same issue and it changed its "look policy" four years ago to allow its workers to wear hijabs.

Copyright 2014 The Associated Press.

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National Collegiate Dialogue, Race Relations

Comments

Disagreement

Submitted by PARKF2014-15 on

from reading the article it does not seem as though they were denying her employment. it seems she just trying to get money or become famous. maybe she didn't have the right personality and that is why she was not hired. also her hijab probably was covering too much of her face. they have hijab that are shorter and more attractive

Never For Money But For Fairness And Equality. PARKF2014-15

Submitted by PARKF2014-06 on

You are probably not reading the article in full or you're blind. Look at the facts that are shown in this article that it wasn't the first time that they were in trouble for discrimination against someone to be hired for a job. Yes they do have a point where they state that she could have told them about her religious practices and other information but for a well known company as Abercrombie, they should know about the different religions and their beliefs and practices. If they have their own code of conduct and staff procedures to hire someone they should state it on their home age or the store so people coming for an interview can know if they are qualified for the job or they don't fit the criteria. Personally I think that she wasn't interested in money, she just wanted equality and change in that department.

Seriously?

Submitted by PARKF2014-01 on

This comment is ignorant. I seriously fame was this woman's motive in fact I'm pretty sure she just wanted people to know that this company is biased and unfair in their hiring ,marketing, and overall existence. The people who run this company are a**holes.

Seriously?

Submitted by PARKF2014-01 on

This comment is ignorant. I seriously fame was this woman's motive in fact I'm pretty sure she just wanted people to know that this company is biased and unfair in their hiring ,marketing, and overall existence. The people who run this company are a**holes.

Reply

Submitted by PARKF2014-04 on

In some ways I agree that the was trying to make money from publicity rather than actually getting a job. If she knew about the company well, she would have known that they have a certain look and that she wouldn't fit that. Did she really think she could be the one who changes the typical Abercrombie look? I don't think so. Maybe she was challenging the company to change its ways or just trying to make publicity.

good point

Submitted by PARKF2014-07 on

That is a good point to make. People always jump to conclusions and pull the race card. I am not saying racism doesn't exist because it definitely does but in this case they might have jumped to conclusions.

Maybe I'm biased

Submitted by PARKF2014-17 on

I can't stand Abercrombie and Fitch. They've been in recent news in the past year for discriminating against plus sizes and I'm, in all honesty, not surprised about this given situation. I have a friend who used to work for this company and he informed me about how you were expected to dress a certain way, act a certain way, and that they only hired a specific group of people based off of looks. I've worked retail before and looks shouldn't matter in a huge way, given it's a factor, but a hijab or not should not! In my book if you can make sales and meet deadlines and keep conversion even you're good! I, again, would not be surprised if the manager wasn't hiring her because of the hijab. This company is so screwed up and I hope they go under!

agree

Submitted by PARKF2014-07 on

I agree with this in saying that this store does have a specific requirement to work there. In other retail stores you see all different types of people. In there stores they all look and dress similar. In saying that I can agree in saying the might have turned the lady away simply because of the way she dressed.

Behind the Scenes

Submitted by PARKF2014-10 on

As an ex employee of Abercrombie and Fitch, I have to say that unfortunately this discriminating tale is very true thing that this retail store does. Upon hiring I was asked about my looks. The manager was more intrigued with my appearance than my work ethic. I truly felt that A&F has a certain display they want to have. I know this because this store is supposed to be a "west coast" feel. This means hiring that women employees that were blonde or had longer hair and were skinny. For the boys they were supposed the be in good shape and had long locks or ideal hair. This store is more worried about it's reputation for only being the ideal "look" for what they want instead of providing clothes that make the age group feel better about their bodies. Providing clothes that only fit certain people, only selling certain colors and giving off a projection that if you do not look like this, you don't get to shop here or wear these clothes is not okay. She can find a better job then working for A&F. Folding clothes in the dark, with the smell of cologne giving you a worse headache, then the music that is blasting is not much of a fun job anyways.

Agreed.

Submitted by PARKF2014-17 on

Personally I hope this woman wasn't serious about this job app- maybe it was an act to "make a difference" and point out A&F's corruption. And yeah, there are definitely better jobs where you're not suffocating in cologne in the dark

Behind the scenes

Submitted by PARKF2014-11 on

I appreciate your comment since you were an ex employee for this store. You can provide information that some of us can not simply prove since we have not gone through the interview process.
There are some stores out there like this and it is hard to hear that it comes down to this. The woman seemed like she didn't mean any harm and wanted to express her religion and her culture. A & F apparently didn't believe what she had to offer whether that be her looks or what she could offer to the customers about a different view on style and diversity.

Change Is Needed

Submitted by PARKF2014-06 on

The thing is, I live in a country where we probably have maybe 5% of the population is Muslim and I must say that they seem to be passive, reserved, kind, honest people. It's the radicalism of the religion and not the religion itself that is negative. All the things we hear about Muslims shouldn't affect one individual from working at a place to earn their money to have a better standard of living. They should be able to be looked upon their interview by qualifications, what they can do to improve the business and their attributes as to why they chose to work at the chosen store. There need to be a better way of hiring people at A&F.

Agreed

Submitted by PARKF2014-12 on

Because of society, prejudgments are made based off of everything that is presented in the news and what we hear from our elders and those who raised us. Extreme, radical religious beliefs and actions do not define every person that practices that specific religion. Misinterpretations and clash of religions and beliefs is what establishes the negative prototypes of each religion. Only a small percentage of people in this world, regardless of their religious beliefs and ethnicity, are bad people that ruin the "name" for the vast majority of the good people. Did A&F use their prototypical beliefs to deny employment for this young woman? Maybe. I don't think that is fair and I don't think that should be the baseline for businesses trying to find employment and hire applicants.

Agreed

Submitted by PARKF2014-12 on

Because of society, prejudgments are made based off of everything that is presented in the news and what we hear from our elders and those who raised us. Extreme, radical religious beliefs and actions do not define every person that practices that specific religion. Misinterpretations and clash of religions and beliefs is what establishes the negative prototypes of each religion. Only a small percentage of people in this world, regardless of their religious beliefs and ethnicity, are bad people that ruin the "name" for the vast majority of the good people. Did A&F use their prototypical beliefs to deny employment for this young woman? Maybe. I don't think that is fair and I don't think that should be the baseline for businesses trying to find employment and hire applicants.

Stereotypes

Submitted by PARKF2014-07 on

I agree that every race and religion has a stereotype that comes with it. They don't realize that by hiring that lady they could of attracted more people to their store because of the diversity of their workers but instead they wanted to stick to their "required" look which is unfair to people that don't meet those requirements that want to work there.

Only here in America

Submitted by PARKF2014-14 on

I feel the same as a lot of you. Unfortunately A&F and many other companies and even society as a whole here in the United States places a large emphasis on the way we look Look at the modeling industry. It is is huge business, when it comes to fitting in. Many companies especially retail feel you have to look the part of the product. Is it right? Work ethic, and qualification should come first for sure. Appearance does seem to speak over many other qualities. There are laws in place to speak and protect us from unfairness. How can you really know if companies will adhere to them. The business world is the same. If you ever gone into an interview you know you best fit and look the part. Again I believe we are all equal until proven differently no matter our religion, race, or socioeconomic placement. Look at some of our very influential people in different places that have come from nothing, or shall we say indifference. Ex. Oprah, Cicely Tyson, David Geffen, & Celine Deon. There are many others.

Only here in America

Submitted by PARKF2014-06 on

I strongly agree with this. But would add that in other countries this applies as well because of religion, race or some other contributing factor of discrimination and prejudice. It's just the way our society is at the moment.

Dress Code

Submitted by PARKF2014-12 on

I can see why Abercrombie & Fitch steered away from hiring her because that company does have a dress code while working at each on of the stores. I do think, though, that the employee should have the option to wear the clothes that are sold and wear the clothing mandated by her religious practice. You're right, though... Not only in American is this a problem. It is a world-wide problem and we see this all of the time on the news. Something needs to be done and equality needs to be established.

Reply

Submitted by PARKF2014-04 on

I do agree with you, Abercrombie & Fitch does have a dress code and to be an employee you have to fit that. This happens with other companies too, for example in the National Guard, you cannot have tattoos showing whilst wearing uniform because it doesn't fit the dress code. However, I feel unsure about this situation because choosing to get tattoos is completely different to religion. I feel bad that she was discriminated but I think she already knew before the interview that this would be an issue.

Disappointed in Abercrombie & Fitch

Submitted by PARKF2014-08 on

I have to say that I am quite disturbed by this article. America was founded upon equal rights for all. It is a shame that Abercrombie & Fitch will not let her work. I also ave to say that we live in the US, if you don't know that Muslim women wear hijabs all the time then you should not be an employer. Of course Elauf is going to wear her hijab while she is working it is a part of her culture and her religion. The company should assume that she is going to wear her hijab, she should not have to say anything, especially since Abercrombie changed their dress policy four years ago allowing people to wear hijabs.

Faked Innocence

Submitted by PARKF2014-16 on

Abercrombie & Fitch claims that they did not know the hijab was a religious symbol, but it is obvious that they are lying. I have never seen a woman wearing a hijab "for fun." If the employer did not know that a hijab was a huge part of the Muslim religion then he or she should not have been an employer in the first place. They are just saying these things because they do not want to lose money when they are sued. I hope they do have to pay! The "look" this company wants their employees to have is ethically not right. Haven't they noticed that hardly anyone shops at their store anymore? They need to change their values and maybe they will get more customers.

This girl was in the wrong

Submitted by PARKF2014-02 on

In my opinion Elauf is way out of line and I just in it for the money. In our society we have been told from an early age to not judge a book by its cover. This is how all of society treats every situation now. Maybe the Abercrombie employer was just trying to save its butt so that it wouldn't get sued for pointing out or mentioning she religious attire. If Abercrombie would of assumed it she wears the hijab due to religious reasons she would of turned it around on them just to get money in the opposite plea. The world now is way too sue happy. I think this case should be thrown out all in all with both side being wrong and move on to the next case. Elauf can just go somewhere else to look for a job and Abercrombie can go about their business. Throughout all the time Abercrombie has been a clothing store this is the first problem within hiring to arise. I think that tells you she is in this for the wrong reasons, attention and money.

This girl was in the wrong

Submitted by PARKF2014-02 on

In my opinion Elauf is way out of line and I just in it for the money. In our society we have been told from an early age to not judge a book by its cover. This is how all of society treats every situation now. Maybe the Abercrombie employer was just trying to save its butt so that it wouldn't get sued for pointing out or mentioning she religious attire. If Abercrombie would of assumed it she wears the hijab due to religious reasons she would of turned it around on them just to get money in the opposite plea. The world now is way too sue happy. I think this case should be thrown out all in all with both side being wrong and move on to the next case. Elauf can just go somewhere else to look for a job and Abercrombie can go about their business. Throughout all the time Abercrombie has been a clothing store this is the first problem within hiring to arise. I think that tells you she is in this for the wrong reasons, attention and money.

This girl was in the wrong

Submitted by PARKF2014-02 on

In my opinion Elauf is way out of line and I just in it for the money. In our society we have been told from an early age to not judge a book by its cover. This is how all of society treats every situation now. Maybe the Abercrombie employer was just trying to save its butt so that it wouldn't get sued for pointing out or mentioning she religious attire. If Abercrombie would of assumed it she wears the hijab due to religious reasons she would of turned it around on them just to get money in the opposite plea. The world now is way too sue happy. I think this case should be thrown out all in all with both side being wrong and move on to the next case. Elauf can just go somewhere else to look for a job and Abercrombie can go about their business. Throughout all the time Abercrombie has been a clothing store this is the first problem within hiring to arise. I think that tells you she is in this for the wrong reasons, attention and money.

This Is Unfortunate

Submitted by PARKF2014-12 on

As a former employee of Abercrombie and Fitch and a citizen of the United States, I can easily say that this is an unfortunate situation. At the same time, I do understand both sides. I think that the company should not discriminate based on what the applicant wears based on religious beliefs and that the applicant should have made the company aware of this. A&F usually does base their hiring process on how an applicant looks and presents themselves - work ethic is not a major, integral part of being hired there. I believe that everyone should have an opportunity to work wherever they want and character judgment should be highly considered by the company that is seeking employees. We shall let the law decide.

Hidden Cameras

Submitted by PARKF2014-17 on

Someone, whether an individual or a private organization, should wear a hidden camera while in an interview for A&F because now I am extremely curious as to what the interview questions are. Either way, I really do stand by my statement in that I hope A&F goes under. They're nothing but an ugly mark on our society.

Descrimination yall

Submitted by PARKF2014-01 on

A&F Absolutely discriminated against this woman. A&F discriminates all the time based on how people look. The only difference this time is religion was involved. I believe the problem runs deeper than just this one incident its the whole company. They are biased and on the verge of Nazi beliefs with dress code and a "look". Blond hair blue eyes and I'm sure you can obtain a job at one of their stores.

Reply

Submitted by PARKF2014-04 on

I think it is unfair too. A&F makes me angry because you have to look a certain way which is not always realistic for many people. You have to be a certain size and certain look. I also feel bad for her because she has to dress this way due to religious reasons. However, I feel that she knew this before the interview. I wouldn't go for that interview because I know I don't fit their look. I think she knew that this would bring publicity because people the public would feel strongly about this because people do about religion.

She was in the wrong

Submitted by PARKF2014-02 on

In my opinion Elauf is way out of line and I just in it for the money. In our society we have been told from an early age to not judge a book by its cover. This is how all of society treats every situation now. Maybe the Abercrombie employer was just trying to save its butt so that it wouldn't get sued for pointing out or mentioning her religious attire. If Abercrombie would have assumed it she wears the hijab due to religious reasons she would have turned it around on them just to get money in the opposite plea. The world now is way too sue happy. I think this case should be thrown out all in all with both side being wrong and move on to the next case. Elauf can just go somewhere else to look for a job and Abercrombie can go about their business. Throughout all the time Abercrombie has been a clothing store this is the first problem within hiring to arise. I think that tells you she is in this for the wrong reasons, attention and money.

Did Abercrombie and Fitch Discriminate Against Muslim Woman? - S

Submitted by PARKF2014-14 on

So there is something that is even bigger here. Is this not the country of equal rights, and freedom of speech? Should business owners not have the right to have the people they want represent them? We are becoming so worried about not offending other races, religious back grounds that we fail to see we forget our own rights. We respect others at the risk of defending our own. We no longer are allowed to speak of our beliefs because they may offend others yet...We are losing what this country was founded on. We must defend others and forget our own. Holidays, religions, churches'. Hmmmmmm. The United States where we have gone wrong.

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