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Home Front: Culture Wars
Muslim teenager sues Abercrombie & Fitch for religious discrimination
2009-09-19
A Muslim teenager claims in a federal lawsuit that she was denied a job at an Abercrombie & Fitch clothing store at a Tulsa mall because she wore a head scarf. In the lawsuit filed Wednesday in U.S. District Court in Tulsa by the Equal Employment Opportunity Commission, Samantha Elauf, 17, said she applied for a sales position at the Abercrombie Kids store in the Woodland Hills Mall in June 2008. The teen, who wears a hijab in accordance with her religious beliefs, says the manager told her the head scarf violates the store's "look policy." "These actions constitute discrimination against Ms. Elauf on the basis of religion," the lawsuit states.
A&F won't hire plain teens to work the floor, because that violates their "look policy". Hijabs are not cool, therefore... At least they are consistent.
A spokeswoman for the New Albany-based retailer declined to comment on the lawsuit but said the company has "a strong equal employment opportunity policy, and we accommodate religious beliefs and practices when possible."

An attorney for the EEOC says the company violated Title VII of the Civil Rights Act of 1964, which protects workers from discrimination based upon religion in hiring. The EEOC said the lawsuit was filed after the agency attempted to reach a voluntary settlement. "It is unlawful for employers to treat applicants or workers differently based on their religious beliefs or practices in any aspect of employment, including recruitment, hiring and job assignments," EEOC senior trial attorney Michelle Robertson said.

The suit seeks back pay for the teen and a permanent injunction against the retailer from participating in what it describes as discriminatory employment practices. It seeks undisclosed monetary and nonmonetary losses resulting from "emotional pain, suffering, anxiety, loss of enjoyment of life, humiliation and inconvenience." The suit also seeks punitive damages against the company for its "malice or reckless indifference to her federally protected rights."
Posted by:ryuge

#8  This kind of is like that guy that wnted to work at hooters. A&F has an image and obviously its not women wearing scarfs. Get a job at walmart. Ditto on the scarf doesn't phase me a bit, I am waiting for the first muslim hooter girls.
Posted by: Cyber Sarge   2009-09-19 21:58  

#7  The headscarf doesn't offend me. Just about every female pharmacist in my area wears one. Most will tell you it's not a religious thing, but is worn out of 'respect' for their religion. None have said it was at the request of another (husband/family member), and in one casual conversation I was told it is not a command that is in the Koran.

One of the funniest things I've seen recently was a young, Middle Eastern looking woman entering a shop. She was wearing tight, low-rider jeans with a navel-exposing tank top and 3 inch spiked heals. And a headscarf.
Posted by: Woozle Uneter9007   2009-09-19 20:41  

#6  I believe that cothing shops can require that customer facing employees look presentable -- and can even mandate their attire (you need more flair). So Ms. Elauf why don't you double starch that hijab and stick it.
Posted by: regular joe   2009-09-19 18:41  

#5  Next thing we know, Muslim fashion models will be suing because they can't wear their burkhas on the catwalk.
Posted by: Zhang Fei   2009-09-19 15:25  

#4  To answer that somewhat, State law usually mandates periodic breaks, so Islamic prayers can fit into those, as long as there is some place for them to put their mat and not be harassed while praying.

However, "appearance" based standards have more twists and turns to them. If the business can offer an equivalent job that is not a public job, that is usually acceptable to the courts.

http://www.law.com/jsp/article.jsp?id=1113901508317

Here is a headscarf jury award in Phoenix:

https://hr.blr.com/news.aspx?id=76020
Posted by: Anonymoose   2009-09-19 14:39  

#3  Isn't simply working at AberZombie and Fitch against Islam? I mean all that uncovered meat (of both genders) and all....
Posted by: CrazyFool   2009-09-19 14:30  

#2  Will they also have to accomodate her leaving the floor to pray five times a day? Maybe set aside part of the break room replete with prayer rug?

How about a foot bath?
Posted by: Woozle Uneter9007   2009-09-19 12:54  

#1  hey why not? America is the land of making millions on spilling hot coffee or tripping on a wet floor. He's just cashing in on the fact that we've lost control of our legal system. Nothing to see here, move along.
Posted by: Jumbo Slinerong5015   2009-09-19 06:53  

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