OKLAHOMA CITY, Sept. 18, 2009
(AP) A Muslim teenager claims in a federal lawsuit that she was denied a job at an Abercrombie & Fitch clothing store at a Tulsa mall because she wore a head scarf.
Abercrombie & Fitch Sued Over Head Scarf
Muslim Teen Says She Didn't Get Job Because of Religious Headwear
In the lawsuit filed Wednesday in U.S. District Court in Tulsa by the Equal Employment Opportunity Commission, 17-year-old Samantha Elauf said she applied for a sales position at the Abercrombie Kids store in the Woodland Hills Mall in June 2008. The teen, who wears a hijab in accordance with her religious beliefs, claims the manager told her the head scarf violates the store's "Look Policy."
"These actions constitute discrimination against Ms. Elauf on the basis of religion," the lawsuit states.
A spokeswoman for the New Albany, Ohio-based retailer declined to comment on the lawsuit but said the company has "a strong equal employment opportunity policy, and we accommodate religious beliefs and practices when possible."
An attorney for the EEOC claims the company violated Title VII of the Civil Rights Act of 1964, which protects workers from discrimination based upon religion in hiring. The EEOC said the lawsuit was filed after the agency attempted to reach a voluntary settlement.
"It is unlawful for employers to treat applicants or workers differently based on their religious beliefs or practices in any aspect of employment, including recruitment, hiring and job assignments," EEOC senior trial attorney Michelle Robertson said.
The suit seeks back pay for the teen and a permanent injunction against the retailer from participating in what it describes as discriminatory employment practices. It seeks undisclosed monetary and non-monetary losses resulting from "emotional pain, suffering, anxiety, loss of enjoyment of life, humiliation and inconvenience."
The suit also seeks punitive damages against the company for its "malice or reckless indifference to her federally protected rights."
In 2004, Abercrombie & Fitch Co. agreed to pay $50 million to settle a lawsuit filed by the EEOC that accused the company of promoting whites over minorities and cultivating a practically all-white image in its catalogs and elsewhere.
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- "Moreover, the Prophet (peace and blessings be upon him) said: ?It is not lawful for a Muslim to scare his fellow Muslim.? (Reported by Ahmad & Abu Dawud)
Abu Hurayrah (may Allah be pleased with him) reported that the Prophet also said: ?None of you should point his weapon at his brother, as Satan may provoke him (to hurt his brother) and as a result, he would fall into a pit of Fire.? (Reported by al-Bukhari) In another version: ?He who (even) points at his brother with a piece of iron is cursed by the angels until he puts it down, even if the other was his blood brother.?
If Muslims do not follow the words of the Prophet (peace and blessings be upon him) and those Muslims who purport to be good Muslims, while condemning other people and their religions, do nothing and say nothing against those Muslims, who clearly do not follow the Qur'an, obviously don't believe in their own religion. Why, then, should any non-Muslim listen to, or care what Muslims say or do.
Example: if you allow Muslims to point weapons at other Muslims and don't stop it, you can not tell anyone you think it is important for you to cover your head.
A Muslim woman is suing an American company for not allowing her to wear her Hilab. It is the companies policy. I don't see how Muslims expect non-Muslims, in the USA, to follow the Qur'an when they, themselves, do not.
Muslims can not, or will not, stand up for their own beliefs. Muslims are hypocrites, opportunists, or cowards (pick the word you like), not unlike many, if not most, individuals or groups. Just don't think you can pull the Hijab over our eyes too.
P.S. When did Muslim women get the right to work outside the home? - Reply to this comment
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- I understand that it is everyone's right to sue for whatever they want, but if this loser actually wins this case, the legal system is more messed up than I thought.
Abercrombie, like all retail fashion companies, sells a certain look, a look that their employees are expected to uphold. This is not a religion issue, it's a dress code issue. It's a policy put forth by the company in order to represent the brand. A company should not have to bend and break for it's employees when it pertains to personal oddities.
First off, she's a Muslim, a faith which is morally against sexual promiscuity. This would also include a store like Abercrombie that obviously uses Sex as it's hook. RED FLAG ANYONE?!
This is as ignorant as the Muslim women thinking they should be allowed to take their Drivers License picture wearing head to toe clothing with only their eyes showing.
ARE YOU KIDDING!!!!! - Reply to this comment
- The Koran doesn't mandate that women wear the hajib. This is an option. When is this pandering to Muslims going to stop. They want to wear their faces covered while getting their driver's license pictures taken, or while in court, etc. Our modes of dress and our society aren't here to be corrupted by a fringe element in this country. Our laws aren't here to accommodate especially their faux religious nuances. Either you adapt and comply, especially in a workplace situation, or move to a country that is predominantly Muslim.
- Reply to this comment
- I have some mennonite friends who wear head covers, you know the little mesh beanies that cover the bun on the back of their hair. I wonder if A&F would hire them?? That's a good ol' American religion, it would be interesting to find out. I'm not sure they'd even apply for a job at a place like A&F, but it would be interesting to see if they got hired. Just a thought.
- Reply to this comment
- So according to the avaricious, gasping lawyers the rules that apply to everyone else can't apply to anyone claiming "religious discrimination"?
What if, in some religion, it's an act of piety to kill a lawyer. So they cannot be prosecuted for doing so if you accept that "logic". - Reply to this comment
- Ha Ha Ha Ha. Thought I'd heard it all. Muslims are fighting for suvival against oppression by the likes of President Alphabet over there in Iran. Then there are the Taliban and the Usama's of the world and let us not forget Mr Saddam Hussein former President of Iraq. I would hardly place Abercrombie and Fitch in the same library never mind the same sentence.
- Reply to this comment
- Oh, another islam terriost fund raiser. What a joke
- Reply to this comment
- Why didn't she apply to Hooters??? They would love to have her, maybe. Then she could sue them for a lot more.
- Reply to this comment
- I can just hear the anguished howls, however, if A&F had posted a historically correct policy like "No Irish Need Apply"...how quickly we forget.
- Reply to this comment
- I have a friend whose daughter worked there, she had to buy an entire new wardrobe. They are very strict in that matter, should she have sued? Like it or not a company can restrict what their employees wear, can't even describe the horrible outfits I had to wear throughout life. BTW, when will tort reform come into play so we can get rid of nonsense lawsuits?
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- Yes, she should have.
If there is a uniform required for a job, then the company should supply it, or reimburse the cost of it, she should not have had to pay for it.
A whole new wardrobe, you say? Sounds like several hundred dollars, how many week's pay did that cost? She basically became at least a temporary indentured servant at that point, working to pay off debt to the employer, a debt incurred meeting the employer's own requirement, which I believe is not only covered by the indentured servitude clause in the constitution, but also by more recent RICO statutes, and labor laws.
Yes, she should have sued, as the clothing cannot be resp;d, nor will the company reimburse for the expense, should she voluntarily leave the job, or be laid off.
- Yes, she should have.
- "The teen, who wears a hijab in accordance with her religious beliefs, claims..."'
She can "claim" anything she likes, PROVING it is a whole other issue!
"...the manager told her the head scarf violates the store's "Look Policy."
Where's the problem? when you apply for a FRONT END appearance job like this, you are expected to not walk in looking and smelling like you havent bathed in 2 weeks and dumpster dive for fun, in that case apply for a job as a garbage hauler not a front-end sales rep.
If you are a wheelchair user you can't hope to apply for and get a job that involves carrying 100# crates up the stairs all day, if you are totally deaf do not apply for a job in a music recording studio editing music tracks! if you are a man you cant take a job helping female customers fit bras on in the lady's dept of the store.
Use your head but first pull it out of your azz.
"17-year-old Samantha Elauf "
Funny how an unemployed 17 year old child can afford an ATTORNEY and file a LAWSUIT, something fishey about that. Seems to me a kid in her position would spend that time and effort applying for JOBS. If A&F doesnt want you then skrew em, as a protest dont buy their stuff, and go elsewhere to apply for ajob where they DO want you.
Her name Samantha Elauf is now all over the media as a trouble-maker, Samantha Elauf will probably not get hired now by anyone. Samantha Elauf went on record as filing a frivolous lawsuit, what company would every want to hire someone like Samantha Elauf to work for them??
Samantha Elauf should have thought more about this. - Reply to this comment
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- If she plays it right she can make a career out of suing companies.
If just one or two lets slip that they won't hire her because they accuse her of being a "troublemaker", I am sure an attorney or two will be more than happy to take the 33%.
Also I am also sure that if she completes higher education, there are many companies owned by Muslims that will probably pay a lot better, and will be proud of someone who stood up for the right to be a Muslim.
Who knows, if her attorney is good enough, she may not even need a job.
- If she plays it right she can make a career out of suing companies.
- Outrageous. Who cares about protecting someones stupid religious clothing?
If I walked in with a mohawk, they would not hire me.
And I sure as hell wouldnt sue them. - Reply to this comment
- Oh and one more thing. Perhaps in the culture she came from all women dress the same. But she is not in that culture now. She freely chose to be here in the USA. She should not expect to come to this country and force it to be like hers.
- Reply to this comment
- Seriously though, this girl has no argument. Most places of employment have dress codes. But I can sympathize with the freedom of being able to dress as you please.
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- Tuksa, Oklahoma!! Baby, you're right smack in the middle of neo-conservative republican land. What did you expect?
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- I am outraged, A & F should sell Berkas in all the new clolors like Black, dark Black, Light Black, Black Gloss, mattie Black and old fasion just plain black.
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- Everytime I shop in Abercrombie all of the salespeople are wearing the clothes that are sold there.
Why would this girl expect to be treated differently and be permitted to wear her own type of clothing !!
Why shouldn't the store be permitted to adhere to a dress code . Especially since they are catering to young people who like to see the clothes modeled by the salesgirls ! - Reply to this comment
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