A judge ruled that Abercrombie & Fitch violated federal law when the company fired a Muslim worker at one of its Hollister stores for refusing to take off her hijab.
Judge Yavonne Gonzalez Rogers ruled in favor of Hani Khan’s request for a summary judgment against Abercrombie, which owns Hollister, last week, according to court papers. The Equal Employment Opportunity Commission sued Abercrombie on behalf of Khan in 2011, after she claimed the company fired her in 2010 for her decision to wear the religiously-mandated headscarf.
“Reasonable jurors could determine that by offering Khan one option — to remove her hijab despite her religious beliefs — Abercrombie acted with malice, reckless indifference or in the face of a perceived risk that its actions violated federal law,” the judgment reads
A trial will begin at the end of September to determine what Abercrombie owes Khan as a result of its illegal actions.
An Abercrombie spokesman wrote in an e-mail statement that it’s company policy not to comment on pending litigation.
"Abercrombie & Fitch does not discriminate based on religion and we grant religious accommodations when reasonable," the statement reads.
The judge also denied Abercrombie’s claim that allowing Khan to wear her hijab on the job would present “undue hardship” to the company’s brand and sales. Khan had been wearing her hijab for four months at work before a district manager visited the store and decided it was against the company’s controversial “Look Policy,” which some say goes too far in micromanaging an employee’s dress. 
“Abercrombie must provide more than generalized subjective beliefs or assumptions that deviations from the Look Policy negatively affect the sales or the brand,” the judgment reads. “The evidence presented does not raise a triable issue that a hardship, much less an undue hardship, would have resulted from allowing Khan to wear her hijab.”
Khan’s complaint is one of many accusing the retailer of discriminating against certain types of employees and customers. Abercrombie found itself in hot water earlier this year after a years-old quote from CEO Mike Jeffries resurfaced, boasting about the company’s “exclusionary” look. In addition, France’s human rights watchdog is investigating Abercrombie over claims the company discriminates in hiring based on appearance.
COMMENTS:
HUFFPOST SUPER USER
LiberalBuzz
Voting republican is voting against America.
1 minute ago (12:29 PM)
Sorry but as much as I am no fan of A&F they are the employers.

The amount of comments here defending her right to dress any way she wants and claim religious expression is misguided.
If an employer hires people and says part of the job is to wear the following uniform, OR dress code, should that right of the employer be taken away because the potential employee demands to dress any way they please at work as a matter of religious expression.
 Few of us are not uninformed as to how McDonald’s employees dress, or any fast food outfit.

So answer this, should McD’s be forced to hire someone who wore a burqa because it’s discriminating against them for religious purposes?
What about all of you who scream the Confederate flag is a sign of slavery and oppression and should not be allowed in any public display and that those who display it or wear it should be shunned and considered ignorant rednecks? So you do have a problem with that but not the hajib which a great many people consider a sign of oppression as well.

Would you be okay if the KKK got itself declared an official religion and forced employers to let their members wear the white sheets and hoods to work?

Exactly why should any employer have to bow to the demands of anyone who could claim either religious freedom or freedom of expression?
What about the military? They have a dress code.
But I am also curious as to why she would want to work somewhere that is the antithesis of her religious beliefs?

I dislike A&F intensely for their rude attitude towards those they do not consider worthy of their clothing line but in this instance they have a working requirement, a dress code that is theirs.  I refuse to have anything to do with the place not that at my age I am anywhere near their target demographic.
Don’t like it? Don’t work there and don’t go there.
22 minutes ago (12:08 PM)
No company should have to back tracj about their dress code. As a teacher I would like to wear board shorts and flip flops to class but I can’t. And our students have dress codes to abide by as well. It is 2013…perhaps it is time for religious organizations to usher in modern day policies and decide it is ok for their followers to assimilate into mainstream society…or continue to suffer the consequences. Which range from funny looks to job employment to discrimination. And as for Muslim-Americans etc - if you cannot just be American, go back to the mother land. that goes for all races and religious beliefs. This country is crippling itself under the weight of “political correctness”.
HUFFPOST SUPER USER
winwithoutrwar
2 minutes ago (12:28 PM)
Great, people should have common sense, assimilate to the main stream as an American, Don’t take advantage of the law of freedom , don’t pretend you like this country andkeep silence when the country neeed you., do it honestly or go home.

Thanks for the commet.
photo
niko73
Dem belly full but we hungry
1 minute ago (12:29 PM)
“…if you cannot just be American…”

In which world is America just a Christian country? BS. America has always been a melting pot of different races, cultures and religion. If you don’t like that,

"…go back to the mother land."
photo
HUFFPOST SUPER USER
piceaglauca
The picture says it all….
23 minutes ago (12:07 PM)
The sad part about this is that for companies that still believe their image to be tarnished will just change their hiring practises and who will know the difference? Subliminal behaviour is not what we want to encourage. Past practises already have this company on record to their hiring practises and for those that continue when put in a bind will close shop and relocate.
HUFFPOST SUPER USER
Hookoa
Kung Fu Master
31 minutes ago (12:00 PM)
Mike Jeffries needs to find another cosmetic surgeon. His Face Lift is falling.
35 minutes ago (11:55 AM)
Easy. Don’t hire more Muslims?
14 minutes ago (12:16 PM)
Extremely intelligible comment
42 minutes ago (11:48 AM)
A&F has been rightly reprimanded. I wonder if anyone wearing a crucifix in plain view would suffer the same fashion fate…
photo
cmon really
I comment therefore I am
14 minutes ago (12:17 PM)
The Hijab is not obligatory in Islam nor is the cross to Christians. A company has a right to it’s dress code IMHO, don’t work there if you don’t like it.
7 minutes ago (12:24 PM)
Is the cross prohibited by A & F. I bet not. How bout a Yarmulke. Let’s see how they would handle that.
44 minutes ago (11:47 AM)
So sick of them! If you want all your rights, wear your veils etc, then go back where you came from! A lot of us are getting very tired of our way of life, our customs & our values being DEVALUED so that everyone else’s can be upheld. It’s time for those that wish to come here to live & work, (& take all our benefits & programs) to integrate, adapt to OUR way of life, & if you choose not to….then deal with it!
22 minutes ago (12:08 PM)
When the hell did Christianity become “our customs” and “our values?”

We have a constitution to protect the rights of the few from the tyranny of the majority and I can’t believe that you would insinuate otherwise.

THAT’S devaluing OUR VALUES and OUR WAY OF LIFE
photo
HUFFPOST SUPER USER
piceaglauca
The picture says it all….
20 minutes ago (12:10 PM)
In order to experience your comments one needs to work in the school system over the past 40 years. It is proven experience that things have changed somewhat parallel to your observations. As to “your way of life” that too has changed no less then anything else on this planet. Attach to the old and stay behind, move with the flow and be immersed in the change. Can you have both? Hard to say.
photo
Ossit
Ossit
44 minutes ago (11:46 AM)
Idania fraginals says: “This people make me sick. We let them come here for a better, life then they want to affect our way of living, change our ways and push for us to accept them regardless of any consideration. If you come to our country YOU conform to our rules, our way of life, and compromise. If you don’t want that go back no one is begging you to stay. Australia is the only country that have stood up to them, good for them.”

Conform to “our” rules? Now that’s a laugh! “Our rules” is saying okay I’m going to pay you this. What do you shout? “I don’t like your rules! You’re paying me slave wages! I’m a low wage worker!” Well since you don’t want to conform to “our rules” YOU can quit and get higher pay. You know no Unemployment if you quit! “What is that “our way of life”? Racism? You want them to conform to that way of being as normal? Well shows how submissive YOU are. “no one is begging” them to stay”? Well in that case, deary, stop “begging” for higher wages, stop “begging” for your respected privacy online/offline, stop “begging” for Social Security and live off your own damn savings stop “begging” employers to pay your medical care like you’re a 2-year-old! You’re nothing more deserving!

Thinking bigotry against someone is normal behavior, but are always “begging” the Government for perks makes me sick!
15 minutes ago (12:15 PM)
right on! love this comment..
45 minutes ago (11:45 AM)
is she a pakistani?
photo
NHGranite
129,546,927 for Obamacare, 40 against
21 minutes ago (12:10 PM)
She’s an American. When I was growing up, we had to wear a hat and gloves to church. Do you even go to church?
5 minutes ago (12:26 PM)
You have to go to church to have a valid opinion? Guess us Jews are getting screwed again.
This user has chosen to opt out of the Badges program
Rosanne Smithe
Liberalism is a Dental Disorder
48 minutes ago (11:42 AM)
Two points for Jihad light!!
photo
1waitasec
i am the laughiest laugher that’s ever laughed
51 minutes ago (11:39 AM)
I hate A&F s.hit anyways, hijab or no hijab…signed GAP Lover
1 hour ago (11:28 AM)
What bothers me ,we go to war to get “Womens Rights” in these arab countries, invite them hear and they never change, time to become an American if you live here
1 hour ago (11:29 AM)
LOL what?
43 minutes ago (11:47 AM)
Exactly, the hypocrisy of America. So much for freedom of religion.
photo
plantbasedpunk
live from the PHX
43 minutes ago (11:48 AM)
“…time to become an American if you live here “

You seem to be under the impression that there’s no such thing as a Muslim-American. In that you are wrong. There are *millions* of muslim americans.
This user has chosen to opt out of the Badges program
freerangevoter
Live Free or Raise Hell
1 hour ago (11:24 AM)
I don’t like the message A&F sends to our young, but any employer should have the right to fire any employee or customer for any reason. And any employee or customer should be free to quit or move on for any reason.

It used to be commonplace for us to say, “it’s a free country”. Now we’re becoming slaves to PC.
40 minutes ago (11:50 AM)
If you really liked a free country her scarf wouldn’t bother you and you wouldn’t support her being fired for wearing it.
photo
cmon really
I comment therefore I am
10 minutes ago (12:21 PM)
And what of the companies freedom to have what it want’s?
3 minutes ago (12:27 PM)
Do you agree that employer should be allowed to fire blacks because they are black. Not hire women. Not hire Jews. Not hire Catholics. Not hire the Irish.

You’re a pathetic bigot.
HUFFPOST SUPER USER
Idania fraginals
1 hour ago (11:08 AM)
This people make me sick. We let them come here for a better, life then they want to affect our way of living, change our ways and push for us to accept them regardless of any consideration. If you come to our country YOU conform to our rules, our way of life, and compromise. If you don’t want that go back no one is begging you to stay. Australia is the only country that have stood up to them, good for them.
1 hour ago (11:13 AM)
I suppose that if the plaintiff had been a Jewish man wearing a yarmulke you’d be cheering the decision.
photo
chinacatsunflower
never tease a weasel
1 hour ago (11:15 AM)
and this, my friends, is what a xenophobe looks like.