Case details

Store discriminated against those wearing hijabs: EEOC

SUMMARY

$71000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
FACTS
Plaintiff the U.S. Equal Employment Opportunity Commission alleged that Abercrombie & Fitch, a clothing retailer, was liable for religious discrimination against Muslim teenagers wearing hijabs, or religious headscarves. The first case involved a Muslim applicant, an 18-year old girl, who applied for an “impact associate” job, stocking merchandise at the “Abercrombie Kids” store at the Great Mall in Milpitas. The applicant wore a headscarf in accordance with her religious beliefs to her interview. At the interview, the Abercrombie & Fitch manager allegedly asked if the applicant was Muslim and required to wear a head scarf, and then marked “not Abercrombie look” on the young woman’s interview form. The EEOC contended that Abercrombie & Fitch refused to accommodate the applicant’s religious beliefs by granting an exception to its “Look Policy,” an internal dress code that includes a prohibition against head coverings. The second intervening case involved a Muslim teenager who intervened in the EEOC’s case. In this case, the Muslim teenager was terminated from her “impact associate” (stockroom employee) position, based solely on her refusal to remove her hijab at the Hollister store at the Hillsdale Shopping Center in San Mateo. The store claimed that wearing the headscarf violated its “Look Policy” and that allowing employees to wear it would harm the Abercrombie brand. The EEOC and the intervening plaintiff both alleged four cases of action under Title VII and the California Fair Housing and Employment Act, including religious discrimination and failure to accommodate religious beliefs., The EEOC sought recovery of back pay, compensatory damages and punitive damages on behalf of the 18-year-old Muslim applicant and the intervening Muslim teenager who was terminated from her job. The EEOC also sought an injunctive relief to prevent future discrimination from the Abercrombie & Fitch companies.
COURT
United States District Court, Northern District, Oakland, CA

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