Quantcast
Get breaking news alerts via email

Click here to manage your alerts
FILE - In this Tuesday, May 17, 2011 file photo, the exterior of an Abercrombie & Fitch store is shown in Palo Alto, Calif. A federal judge in San Francisco ruled Monday, Sept. 9, 2013, that trendy clothing retailer Abercrombie & Fitch wrongly fired a Muslim worker who insisted on wearing a head scarf. (AP Photo/Paul Sakuma, File)
Judge: Abercrombie wrongly fired Muslim for hijab
First Published Sep 09 2013 04:18 pm • Last Updated Sep 09 2013 04:40 pm

SAN FRANCISCO • A federal judge in San Francisco has ruled that trendy clothing retailer Abercrombie & Fitch wrongly fired a Muslim worker who insisted on wearing a head scarf.

U.S. District Judge Yvonne Gonzalez Rogers said the company violated anti-discrimination laws when it fired Hani Khan from its Hollister store in San Mateo, Calif., in 2010. Rogers issued the ruling on Tuesday.

Join the Discussion
Post a Comment

The company claimed the head scarf violated its policy governing the look of its employees, which it said was part of its marketing strategy. The store argued that deviating from its look policy would affect sales.

But the judge said Abercrombie & Fitch offered no "credible evidence" that Khan’s head scarf cost the company any sales.

"Abercrombie only offers unsubstantiated opinion testimony of its own employees to support its claim of undue hardship," Rogers said.

The U.S. Equal Employment Opportunity Commission filed a lawsuit on Khan’s behalf in 2011.

"Abercrombie & Fitch does not discriminate based on religion and we grant religious accommodations when reasonable," spokesman Bruce MacKenzie said. "It is our policy not to comment on pending litigation."

A trial on the company’s liability is scheduled for later this month. The judge said the jury is free to award punitive damages if it chooses.

It’s the latest employment discrimination charge against the company’s so-called "look policy," which critics say means images of mostly white, young, athletic-looking people. The New Albany, Ohio-based company has said it does not tolerate discrimination.

Abercrombie has been the target of numerous discrimination lawsuits, including a federal class action brought by black, Hispanic and Asian employees and job applicants that was settled for $40 million in 2004. The company admitted no wrongdoing, though it was forced to implement new programs and policies to increase diversity.


story continues below
story continues below



Copyright 2014 The Salt Lake Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Top Reader Comments Read All Comments Post a Comment
Click here to read all comments   Click here to post a comment


About Reader Comments


Reader comments on sltrib.com are the opinions of the writer, not The Salt Lake Tribune. We will delete comments containing obscenities, personal attacks and inappropriate or offensive remarks. Flagrant or repeat violators will be banned. If you see an objectionable comment, please alert us by clicking the arrow on the upper right side of the comment and selecting "Flag comment as inappropriate". If you've recently registered with Disqus or aren't seeing your comments immediately, you may need to verify your email address. To do so, visit disqus.com/account.
See more about comments here.
Staying Connected
Videos
Jobs
Contests and Promotions
  • Search Obituaries
  • Place an Obituary

  • Search Cars
  • Search Homes
  • Search Jobs
  • Search Marketplace
  • Search Legal Notices

  • Other Services
  • Advertise With Us
  • Subscribe to the Newspaper
  • Login to the Electronic Edition
  • Frequently Asked Questions
  • Contact a newsroom staff member
  • Access the Trib Archives
  • Privacy Policy
  • Missing your paper? Need to place your paper on vacation hold? For this and any other subscription related needs, click here or call 801.204.6100.