Abercrombie Illegally Fired Muslim Teen for Wearing Head Scarf, Judge Rules

AOL Jobs, September 11, 2013

The Muslim teen worker who scored a legal victory in an anti-discrimination suit against Abercrombie & Fitch, which cited its dress code in insisting she not wear a hijab to work, says the retailer’s policy is “very unfair.”

A federal judge issued the ruling last week that Abercrombie & Fitch discriminated against Hani Khan, 18, when she was fired from its Hollister store in San Mateo, Calif., in 2010 because she refused to remove her head scarf on the job.

Khan says she was approached by her manager after four months on the job. “She expressed concern about my hijab,” Khan told ABC News. “That’s when I felt like it was not appropriate, what they were saying.”

After refusing to remove the hijab while at work, she was terminated. The company offered her the job back 11 days later as long as she did not wear the hijab, but she declined the offer, according to court documents.

“They just don’t feel like it fits in with their ‘Look Policy,’ which I feel is very unfair,” Khan said.

The “Look Policy” includes a grooming guidebook for employees outlining everything from what they should wear to how they should style their hair while on the job, according to court documents.

In court, the trendy clothing retailer argued that the hijab, worn by Muslim women as a sign of modesty, would negatively affect sales. But the judge said in writing “Abercrombie failed to offer any evidence from those four months showing a decline in sales.”

The U.S. Equal Employment Opportunity Commission filed a lawsuit on Khan’s behalf in 2011. {snip}

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  • IstvanIN

    Abercrombie and Fitch appeals to young, good looking white kids. As a late middle-aged, out of shape man, should they be forced to hire me? Geeze, I hate what this country has become.

    • Spartacus

      Why are you out of shape ?

      • me

        Late middle age.

  • Spartacus

    “The U.S. Equal Employment Opportunity Commission filed a lawsuit on Khan’s behalf in 2011.”

    ———————————————————————————————————————

    If I Google the name of this institution, would I find that it was founded by the Tribe ?

    • Abercrombie & Fitch started out in the 19th century as a maker of high end horse saddles.

      • So CAL Snowman

        He was referring to the EEOC and yes Spartacus you are right. The EEOC was established on July 2, 1965. It’s mandate was specified under Title VII of the Civil Rights Act of 1964.

      • Spartacus

        As So CAL Snowman said, I was talking about the “U.S. Equal Employment Opportunity Commission” , not Abercrombie & Fitch .

    • me

      Yup. Always.

  • Rick Brooks

    Without her silly little head rag on does she really think that some male shopper is likely to have an uncontrollable urge to have sexual relations with her? Or is this all a shakedown and about giving us Americans the proverbial middle finger with her conspicuous appearance.

  • So CAL Snowman

    How did THAT girl get a job at A&F?? They usually only hire good looking White people (and fair skinned hispanics).

    • GeneticsareDestiny

      They were probably trying to cover their asses against a potential racial discrimination lawsuit by adding some diversity, and in doing so unintentionally got themselves embroiled in a religious discrimination lawsuit.

  • The Koran only enjoins women to “dress modestly”. It does not explicitly require to cover their faces or hair.

    • willbest

      Religion is whatever you say it is, why do you think Scientology exists?

  • guest

    “Khan says she was approached by her manager after four months on the job. “She expressed concern about my hijab,” Khan told ABC News. “That’s when I felt like it was not appropriate, what they were saying.”
    If you don’t like it, then you should go back to any muslim country. You may get horribly mistreated as all women are mistreated in the name of Islam, but hey, at least you can keep your hijab.

  • If this “teen” wants to be a victim, she should dress appropriately in a burka.

  • borogirl54

    From what I understand, she was supposedly working in the back of store so she would not have been seen by the general public.

  • MBlanc46

    If they have a dress code, it should have been stated explicitly when she was hired. They were foolish to have waited four months to deal with it.

  • IstvanIN

    But they are a race-traitor organization, doesn’t that count?

    • Diversity Awareness Brigade

      Diversity Again, USBRA

      It never goes away.

  • Diversity Awareness Brigade

    George Washington defeated the Brits so that you can pay for Muslim legal victories in America.

  • willbest

    If I could go back in time and give the Founders a heads up, I would let them know how the Interstate Commerce Clause is being used in the hopes that they would more explicitly limit its purpose.

  • me

    This is the same company that stated they didn’t want to sell to ugly people and/or fat people. The chickens have come home to roost….

  • Ella

    I might look for different employment if I demand to wear a hijab out of religiosity at a trendy mall shop. It is like a fundamentalist Christian who works at Victoria Secret and who complains about the sexualized clothing. You think minorities law-suit shop with their lawyers.

  • KittyAmerica

    They were stupid to hire her in the first place but they want to be trendy and trendy = non white

  • IKantunderstand

    When they hired her, was she wearing the headscarf? You know what? I don’t f’in care if she was or not. The sad truth is that American companies are FORCED to hire these people.You are literally sued if you hire them, and sued if you don’t. Meanwhile, all the convenience stores, all the donut shops, all the gas stations, all the motels, all the liquor stores have been miraculously taken over by foreigners who barely speak English, how did this happen? Seriously, how did they get the money to buy these businesses? Could someone please explain to me how these foreigners got the capital to open up businesses that Americans would be willing to run? I am running out of patience. S.P.O.O.C.

    • KittyAmerica

      Yes

    • I shop a liquor store owned by a Sikh. He loves our fox. He’s a nice guy and cuts me 20% off on hard stuff. He doesn’t like groids.

      The gal who cuts my hair is Korean. She does it really fast and really well. She isn’t pretty, but I like her very much. I always give her $12 for a $7 haircut. If I wasn’t already married, I would like the way she touches me quite a bit more.

    • GeneticsareDestiny

      The U.S. government gives out low-interest loans to refugees, among other (almost completely non-white) groups, to start businesses here. I can’t remember what the name of this program is, but I’ll see if I can find it…I first read about this on Refugee Resettlement Watch, so there’s probably some info on it over there.

    • prunepit

      Where I live it isn’t the donut shops and gas stations, but the hospitals and emergency rooms. On a visit to the E.R. a year ago, all the patients in the waiting room were Mexican or Oaxacan, all the clerks were Mexican, and the doctor was a Muslim in a hijab. The only white person was a retirement-age nurse who did everything but make the medical recommendations – and send a separate bill for her services. Miss hijab is plugged into a very lucrative position and she could be absolutely incompetent without anyone (except the nurses) knowing the difference.

  • KittyAmerica

    They don’t even want women to expose an ankle. Maybe it’s the Mohammaden men who are unruly and go all baboon like their black neighbors.
    But not our strong white men. That’s why y’all have built and created all that is useful. Truth and Beauty are your gifts.

  • Greg Thomas

    Serves them right for hiring a muslim in the first place.This is a little game female muslims play. Get a job with some deep pockets corporation and then break out the hijab, and file a law suit when they ask you to take it off or lose your job. I would bet she didn’t wear the hijab to her initial interview.

    • I think they messed up by not enforcing a dress code right away. Instead, they waited four months.

      In a professional office environment I have always imposed a few rules on myself. I always wear a shirt with a collar (a dress shirt or a polo shirt), a reasonably good pair of jeans, good shoes, clean-shaven and with a short haircut and nice-looking glasses. This is proper attire for an engineer. Clothes don’t make the man, but they do make first impressions, and that frequently helps. It’s especially useful if one’s employer has joint projects with foreign companies; looking competent and organized helps win contracts.

  • F&S also stands for “Field and Stream”, rather than “Faisal and Suleiman”. Good for you.