District Court Finds Abercrombie & Fitch Liable for Religious Discrimination

A district court has found clothing retailer Abercrombie & Fitch liable for religious discrimination after firing a Muslim employee for wearing her hijab. According to the EEOC lawsuit, 19-year-old Khan began working at the Hollister store in October 2009 and was first asked to wear headscarves in Hollister colors, which she agreed to do. Khan was later informed that her hijab violated Abercrombie’s “Look Policy”, the company’s dress code, and was told that she would be taken off schedule unless she removed the headscarf while at work. Ultimately, she was terminated for refusing to remove the hijab. The EEOC filed suit, charging Abercrombie with discrimination on the basis of religion. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on religion and requires employers to accommodate employees unless doing so would impose undue hardship on the business. The district court found Abercrombie & Fitch liable for religious discrimination, noting that it was undisputed that Khan was terminated for non-compliance with the Look Policy, and her only violation of the Look Policy was her headscarf.

U.S. Equal Employment Opportunity Commission Press Release, Abercrombie & Fitch Liable for Religious Discrimination in EEOC Suit, Court Says, (Sept. 9, 2013).

Abercrombie & Fitch Liable for Religious Discrimination in EEOC Suit.pdf