SANTA CLARA, Calif., Feb. 24 -- The San Francisco Bay Area chapter of the Council on American-Islamic Relations (CAIR-SFBA) announced today that it has filed an Equal Employment Opportunity Commission (EEOC) complaint against Abercrombie & Fitch on behalf of a Muslim employee who was allegedly fired because she refused to remove her Islamic head scarf, or hijab.
The Muslim employee reported to CAIR-SFBA that she was hired as a stockroom worker in October of last year at the Hollister outlet in San Mateo, Calif. She says she was told at that time that she could wear her scarf if it was in a color that matched the company's brand identity.
[Hollister Co. is a division of Abercrombie & Fitch. Ohio-based Abercrombie & Fitch operates more than 1100 stores worldwide.]
Recently, a district manager visited the store and noticed that the Muslim employee was wearing a head scarf. The district manager then reportedly initiated a conference call with the company's human resources department during which the Muslim worker was told that scarves and hats are not allowed in the "look" policy. Despite informing company managers that she wears her scarf for religious reasons, the Muslim employee was sent home immediately.
This week, she was told she must remove her scarf during work hours. When she refused to violate her religious beliefs by removing her scarf in public, she was fired.
"This unconscionable and apparently illegal action by company managers violates not only federal civil rights law as it relates to religious accommodation in the workplace, but also violates Abercrombie & Fitch's own stated commitments to diversity, inclusion and ethical business practices," said CAIR-SFBA Programs and Outreach Director Zahra Billoo. "We urge Abercrombie & Fitch customers who value diversity and inclusion to contact the company to express their concerns about this violation of religious freedom."
She said Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against individuals because of their religion in hiring, firing and other terms and conditions of employment. The act also requires employers to reasonably accommodate the religious practices of an employee, unless doing so would create an "undue hardship" for the employer.
In 2008, the EEOC issued new guidelines on accommodating religious beliefs and practices in the workplace. The guidelines offer protection for workers who wear religious attire such as hijab.
Billoo said CAIR's Oklahoma chapter filed a similar complaint against Abercrombie & Fitch in 2008 on behalf of a Muslim applicant in that state who was denied a job because of her hijab. In September of 2009, the EEOC filed a discrimination suit against the company on behalf of the Muslim applicant.
Abercrombie & Fitch's position on "Diversity & Inclusion" states: "...we are committed to increasing and leveraging the diversity of our associates and management across the organization. Those differences will be supported by a culture of inclusion, so that we better understand our customers, enhance our organizational effectiveness, capitalize on the talents of our workforce and represent the communities in which we do business."
Its corporate "Code of Business Conduct and Ethics" states: "The Company will adhere to its employment policies of non-discrimination as it relates to race, color, religion, age, gender, sexual orientation or handicap and will ensure compliance with all legal and other regulations governing employment."
CAIR offers a booklet called "An Employer's Guide to Islamic Religious Practices" to help corporate managers gain a better understanding of Islam and Muslims.
CAIR is America's largest Muslim civil liberties and advocacy organization. Its mission is to enhance the understanding of Islam, encourage dialogue, protect civil liberties, empower American Muslims, and build coalitions that promote justice and mutual understanding.
21 comments:
I agree that the Council of American-Islamic Relations should file an EEOC complaint against Abercrombie & Fitch. The Abercrombie manager had absolutely no reason to discriminate and fire an employee because she wore a hijab. That's just unacceptable.
Its been since 2008 when the EEOC issued the guidelines which favor the protection of workers who wear religious attire. So, the CAIR-SFBA will obviously win on their complaint against Abercrombie & Fitch.
I think most people would agree that the Muslim employee should not have been fired just because she is unable to remove her hijab.
Obviously, it was a big mistake for the managers to fire the employee based on her religious apparel. Abercrombie & Fitch is a company that bases a lot on appearances, but wouldn't it be better to violate a dress code than the Constitution? Especially since the employee worked in the stock room, the actions taken just seem unfair. With the growing diversity in America, this is a problem that will only continue to appear, and if we don't show more sensitivity to these issues, more and more cases like this one will arise.
Looks like Abercrombie and Fitch has a manager more concerned about looks than civil rights. It seems like the Muslim employee told the company many times why she wore the scarf; it's not an accessory. I think that Abercrombie and Fitch should get a little more than hefty slap on the wrist. I doubt the Muslim employee will want her job back, however.
Why did the Muslim girl even want to apply if they told her that she had to dress a certain way to work there? She could have found a different job.
That is bullshit. She should allowed to wear her hijab.
I think that Hollister clearly violated First Amendments and even went against their own stated commitments about diversity and ethnicity. Abercrombie should definately face consequences for these cases and should no longer discriminate based on religion.
Abercrombie and Fitch is obviously violating religious rights. The reason they fired her was because her hijab didn't look like something from their store, so she refused to take it off. By them asking her to take it off, that is violating her religious rights. A&F also didn't allow another woman get hired because she wore a hijab. That obviously violated their own rules by that because they say that they cannot discriminate against any employee because of their race, religion, etc., yet they did exactly that.
Well I believe that the Muslim employee was wrongfully accused she did nothing wrong. And for the fact that no one could really even pay much attention to her just because she is a stockroom worker. This got way out of hand Abercrombie took away her right to freedom of expression and religion. You can't try and change someone's beliefs or ways. In my opinion Abercrombie is just wrong and maybe they should get a lawsuit or something so they can get their heads straight.
It doesn't really suprise me that Abercromie would do this. They don't seem like the most openminded people on Earth. It seems its a requirement to look like the naked people they have on their walls to work there anyways. It's completely ridiculous to fire someone due to something they wear for religious purposes. Who cares what they are wearing? As long as they look professional thats all that should matter, right? It's not like she was forcing Allah into the lives of the employees.
The Muslim employee had a right to report her complaint against Abercrombie & Fitch. If the company really wanted diversity within their stores to have a better connection with their customers, they would have respected and accepted the Muslim employee's beliefs.
I wasn't sure how to feel about this issue at first. Honestly, I was thinking if a company has a predetermined dress code then they shouldn't have to make exceptions for one person. However, when I read the stipulation that a company has to be reasonable in accomadating religious attire when it's not an exceptional hardship, I changed my mind. The company is being unreasonable according to the law and shouldn't have fired the woman.
This is ridiculous. It's just a really shallow company that wants its employees to look a certain way and thought the hijab did not go along with the "look". Employers, especially clothing companies, need to be respectful of different religious traditions and allow a little leniency when it comes to clothing customs such as the hijab. It's kind of disappointing that this has become an issue.
This is very poor business on Abercrombie's part but sadly not surprising. They are a company that is focused on appearances and the head scarf of the Muslim girl did not fit into their "code". They are greatly damaging their business with this incident and I personally do not shop there and now certainly never will. If they cannot honor the rights of that girl which she is clearly given in the First Amendment then they do not deserve the right to have my business.
The employee should by no means have to remove her hijab. It is a part of the Islamic religion, and the employee has her right to express such beliefs.
I don't completely understand why this was such a problem. She was a stockroom worker and I'm guessing not to many people even see them. But either way Abercrombie & Fitch's quote, "we are committed to increasing and leveraging the diversity of our associates and management across the organization" is a complete lie. Muslims workers are clearly discriminated against at this store.
If Abercrombie has made a policy to not discriminate because of "race, color, religion, age, gender, sexual orientation", then they should stick by that rule. Hollister had already hired her and the manager had no right to fire her because she didn't have "the look". Abercrombie is well known for making their workers wear only their brand of clothes and "their style". Although a hijab isn't part of their desired look, they shouldn't have discriminated against the employee.
I really don't understand this article. I feel like they lied to her about saying she could wear her head wrap, but they shouldn't have made it such a big deal. Yes, it was part of her religion but she is working at a popular clothes shop and she should have had some idea that maybe she
couldn't have worn that.
This is ridiculous!!! The stuck up higher-ups of Abercrombie need to pull it together and follow the constitutional rights given to all US citizens!!! GROW UP HOLLISTER!!!
This woman should be allowed to wear her head scarf to work no matter what. If they forced her to take it off, it would be a sign of disrespect to her community and religion, she is just following her rules, and she tried to even wear the color of hollister to support the store as well.
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