Abercrombie & Fitch

Supreme Court Boosts Workers Who Claim Religious Bias

Photo via Emily Hardman, Becket Fund / RNS

Samantha Elauf outside of the Supreme Court on Feb. 25, 2015. Photo via Emily Hardman, Becket Fund / RNS

The Supreme Court ruled June 1 that companies cannot discriminate against job applicants or employees for religious reasons, even if an accommodation is not requested.

The decision was a defeat for preppy clothier Abercrombie & Fitch, which refused to hire a Muslim girl in 2008 because she was wearing a black hijab, or head scarf. It could benefit job applicants and employees who need time off for religious observances as well as those who adhere to strict dress codes.

 

 

Justices to Take Up Abercrombie & Fitch Headscarf Case

Is Abercrombie & Fitch guilty of religious discrimination? Photo via RNS.

The Supreme Court granted 11 new cases for review Oct. 2, agreeing to rule on controversial topics such as religious freedom, child abuse, immigration, housing discrimination, congressional redistricting and campaign fund-raising by judicial candidates.

While they delayed any decision on same-sex marriage, the justices filled out their docket through January and into February with civil rights cases and others likely to command attention.

Here’s a look at what the justices chose from among some 2,000 cases that accumulated through the summer:

Abercrombie & Fitch to Change ‘Look Policy,’ Allow Hijabs

Abercrombie & Fitch Logo. Via RNS/courtesy Jaime Berrezueta [Public domain], via Wikimedia Commons

Abercrombie & Fitch will change its “look policy” and allow employees to wear hijabs after a three-year legal battle with two Muslim women was settled out of court.

The settlement requires Abercrombie to report religious accommodation requests and discrimination complaints to the Equal Employment Opportunity Commission for three years, and includes $71,000 in compensation for the two women. The settlement also averts a Sept. 30 trial.

Abercrombie fired Umme-Hani Khan, a stockroom worker in its San Mateo, Calif., store, in 2010 for refusing to work without her religious headscarf. Khan, who had worked at the store for four months without incident, filed a religious discrimination complaint with the EEOC, which sued the retailer in 2011.

Muslim Clerk Wins Hijab Fight Against Abercrombie and Fitch

A federal judge ruled Monday that the Abercrombie and Fitch clothing chain violated federal anti-employment discrimination guidelines when it fired a Muslim employee in 2010 for not removing her religious headscarf, or hijab, for work.

Abercrombie asserted that as part of its business plan, it not only employed sales-floor personnel, but “models,” had a “look policy” that gave employees certain grooming and appearance guidelines, and sought to give customers an “in-store experience.”

Umme-Hani Khan wore her headscarf when she interviewed at Abercrombie’s store in San Mateo, Calif. Khan said she accepted the “look policy,” which included a no headgear provision, and in October 2009 started her new job, which was mainly in the stockroom, but required her one to four times per shift to restock clothes on the sales floor.

How Abercrombie & Fitch Became Uncool

 Photo by SimonQ錫濛譙 / Flickr.com

Photo by SimonQ錫濛譙 / Flickr.com

I hate Abercrombie & Fitch.

It all started a few years ago. A member of my youth group worked at one of their stores in a Chicago suburb. I was minorly troubled that she was employed at the store. But what really flamed my loathing for Abercrombie was when they asked her to model their clothes for their catalogue. She told me about their offer and I responded in the only way an over-protective youth pastor could:

“NO! Absolutely not! No way in Hell are you doing that!!!”

I don’t think that Abercrombie is evil per se. I only hate them because they stand for everything that I’m against!

Over the weekend, BusinessInsider.com published an article titled “Abercrombie & Fitch Refuses to Make Clothes for Large Women.” The article included a comment made by Abercrombie CEO Mike Jeffries in 2006. He described his business strategy by stating:

In every school there are the cool and popular kids, and then there are the not-so-cool kids. Candidly, we go after the cool kids. We go after the attractive all-American kid with a great attitude and a lot of friends. A lot of people don’t belong [in our clothes], and they can’t belong. Are we exclusionary? Absolutely. Those companies that are in trouble are trying to target everybody: young, old, fat, skinny.

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