Abercrombie & Fitch Loses Hijab Lawsuit, Judge Says ‘No Credible Evidence’ Presented
Abercrombie & Fitch fired a Muslim worker for wearing a hijab, and now a federal judge has ruled the company provided no “credible evidence” that the worker’s head scarf cost the company any sales.
U.S. District Judge Yvonne Gonzalez Rogers said the company violated anti-discrimination laws after deciding to fire Hani Khan from a Hollister store in San Mateo in 2010.
According to the clothing retailer, the head scarf violated its policy governing the look of its employees. The company said it puts those policies in place to help sales and that deviating from its image affects purchases.
In their decision, Rogers writes:
“Abercrombie only offers unsubstantiated opinion testimony of its own employees to support its claim of undue hardship.”
The lawsuit was filed in 2011 by the U.S. Equal Employment Opportunity Commission.
According to company spokesman Bruce MacKenzie:
“Abercrombie & Fitch does not discriminate based on religion and we grant religious accommodations when reasonable. It is our policy not to comment on pending litigation.”
The company’s liability portion of the trial is scheduled for later this month.
If they so choose, the jury can award punitive damages to Hani Khan.
Abercrombie & Fitch has dealt with similar hijab issues in the past thanks to its “look policy,” which features mostly white, young, and athletic-looking people.
Despite numerous claims against the company, officials say they do not discriminate against employees.
In one case, a federal class action lawsuit against Abercrombie & Fitch was filed by black, Hispanic, and Asian employees and job applicants. In 2004, Abercrombie paid out $40 million as part of that lawsuit’s settlement.
A French watchdog group has also opened an investigation into the hiring practices observed at Abercrombie locations because of its “Looks First” hiring approach.
Despite paying out millions of dollars, Abertcrombie & Fitch continues to deny any wrongdoing on behalf of its management.
