Abercrombie & Fitch Faces Lawsuit Over Muslim Headscarf
Abercrombie & Fitch refused to hire Samantha Elauf because she wears a headscarf. Nineteen-year-old Elauf is a community college student from Tulsa, Oklahoma. She is Muslim, and covers her head for religious reasons. When Elauf applied for a position at a Tulsa Abercrombie Kids store in June of 2008, she was turned down, and later found out from a friend who works at the store that “the headscarf cost her the job.” The Equal Employment Opportunity Commission (EEOC) has filed suit against Abercrombie on Elauf’s behalf. As quoted in a recent Time article, the EEOC’s suit “alleges that Abercrombie ‘refused to hire Ms. Elauf because she wears a hijab, claiming that the wearing of the headgear was prohibited by its Look Policy,’ or employee dress code.” Abercrombie & Fitch’s position statement maintains that “ ‘under the Look Policy, associates must wear clothing that is consistent with the Abercrombie brand, cannot wear hats or other coverings, and cannot wear clothes that are the color black.’ ” The article states that “Elauf is suing for back pay and compensation related to emotional pain and anxiety.”
- Abercrombie & Fitch’s refusal to hire a young woman who wears a headscarf for religious reasons is consistent with the company’s Look Policy. Has the company discriminated against Elauf?
- According to the EEOC’s suit, Abercrombie & Fitch “ ‘failed to accommodate [Elauf’s] religious beliefs by making an exception to the Look Policy.’ ” Do you think Abercrombie has the right to maintain a Look Policy that inherently prevents Muslims who wear headscarves from working at its stores?
- In 2004, “the EEOC sued Abercrombie for limiting its hiring of minorities; that case was settled for $50 million.” Are employers entitled to “set an image” in their stores? What if this “image” includes hiring fewer minorities? When, if ever, is it okay to choose to hire or to choose not to hire someone based on religion or race? Can a magazine search exclusively for a model of a particular race? Can an acting company put out a call for actors of a certain race? Can they refuse to hire an actor if the actor’s race is inconsistent with that of the character whose role they are trying to cast?
- Ata Elauf, Samantha Elauf’s grandfather, said that Abercrombie “ ‘put a wedge into [Samantha’s] Americanism. . . . She grew up here speaking the language, going to school. Why did they do this? She’s sort of confused.’ ” How have Abercrombie’s actions “put a wedge” into Elauf’s Americanism? How might her not being hired because she wears a headscarf impact Elauf’s feelings about her identity? Why might she be confused?
