Abercrombie slapped over firing hijab-wearing worker
A judge sharply chides the company attorney who's defending the retailer's 'look policy.'
You would also be wasting your time. This is a company whose "look policy" rules out employing anyone but its target market of cool kids. This is the company that's also riding its preference for logo-splashed clothing and into a 15% drop in sales.
Abercrombie is seemingly built of vapid Zoolander characters who can't possibly understand why someone in the world beyond their beat-bumping bubble would take offense to its sociopathic business decisions. This is why judges treat its attorneys like preschool students during discrimination cases.
Law360 reports that a federal judge in California nearly laughed Abecrombie attorney Mark Kneuve out of the courtroom. The company lawyer couldn't present documented evidence that Hani Khan -- a Muslim woman fired from an Abecrombie-owned Hollister mall outlet in 2010 for wearing a hijab to work -- cost the company money by wearing the religious garment to work.
"A defendant says we're harmed but provides no real evidence?" Judge Yvonne Gonzalez Rogers aked Kneuve, according to the report. "And you want me to grant summary judgment" in your favor?
The scolding was just the latest wrinkle in a lawsuit filed on Khan's behalf by the U.S. Equal Employment Opportunity Commission in 2011. According to the EEOC's suit, Khan was wearing the religious garment when she interviewed for the job in October 2009 and during the first four months she worked at the San Mateo, Calif., store.
But in February 2010, a visiting district manager saw her wearing it and spoke with one of the store's human resources employees. They both decided the headscarf violated Abecrombie's "look policy" and showed Khan the door.
The company says it makes religious accommodations, including for a hijab, when they're considered "reasonable." It still has no idea what that means, as evidenced by a similar case in 2011 in which a woman fired for wearing a hijab that Abercrombie said violated its "look policy" won $20,000 from it.
Coincidentally, Kneuve represented Abercrombie in that case as well. Maybe his selective amnesia will clear up in time for him to figure out why this latest case feels so familiar -- and why he should really bring documentation when alleging that an article of someone's faith is a drain on his employer's finances.
Does anyone really give a damn about A&F? They're a fad way past their expiration date! A&F now equates to knuckle-dragging brainless tweens!
...and right in the middle of releasing their summer burqa collection too.
If she was wearing the hijab when she went for the interview then I think she has a legitimate point. However if she accepted the job knowing she would have to adhere to their stated dress code policy which prohibits wearing them or other head gear then that is different. I don't know of many companies without a dress code policy and this is part of accepting a position with the company.
I am a liberal and I feel this company can market their clothing to whomever they wish, even if it is only to thin "cool" people. If you don't like their advertising then don't shop there. They have their niche as do many clothing stores. I don't see anything wrong with it.
Many people in the Wiccan religion believe nakedness is a tribute to their spirit. Should they be allowed to go to work naked then?
If you need to dress or look a certain way for your religion, perhaps stay-at-home work would be the best option instead of forcing your employer to understand.
Hey, if you're fat, not cool, not attractive you can't shop there either.
So, stop being a hypocrite !
I am all for AF targeting a certain market, if they want to attract the "cool kids" than do so, if you individually don't agree with that then do not support the store, if enough people don't support it then it will not exsist. The opposite also holds true and the doors remain open due to the support from the "cool kids". I choose not to make it a regular habit to shop at WalMart due to the people that shop there, can I sue WalMart for attracting a less desireable crowd then I would like to see like some are saying AF is doing by attracting the "cool kids"....don't shop there, and don't worry about it if I do (I don't as I am a 43 y/o father wo himself does not fit in any other their clothing, but I have other options).
However, the employee hired then fired for wearing something she had on from the start and making it clearly obvious this was her religious preference does deserve to get them involved in yet another court case. Maybe her choice of dress should've been addressed at the interview like saying we require that our employees dress a certain way, would we have to make any special accommodations for you in order to do that or do you understand what we expect? If she understood, took the job, then violated something previously addressed and discussed then good by, if it was never presented as an issue then AF deserves what they get.
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