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.
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.