Known for its shirtless men and uber-suggestive advertising, Abercrombie and Fitch has never been a conservative store. If anything A&F encourages its employees to be fun-loving and to let down their hair. But is it ethical for the store to reject a potential employee simply becausethe individual wears religious coverings? This is the dispute occurring at one of their locations south of the border.
The Equal Employment Opportunity Commission recently filed a lawsuit against Abercrombie and Fitch on behalf of Samantha Elauf, a Muslim community college student in Tulsa, Oklahoma. She was interviewed for a position at an Abercrombie Kids store, and was wearing a black hijab. Elauf later heard from a friend that she was declined because of her headdress.
During the EEOC’s investigation,A&F claimed that “under the Look Policy, [the employee dress code] associates must wear clothing that is consistent with the Abercrombie brand, and cannot wear clothes that are the colour black.” They added that the wearing of headgear is also prohibited. Should the company have made an exception for employees who wear headgear for religious reasons? Elauf’s grandfather saysthat ”they put a wedge into her Americanism. She grew up here speaking the language, going to school. Why did they do this? ” Elauf is suing for back pay, and emotional pain and suffering..
There are many people standing behind this case, criticizing the company’s hiring policy. Razi Hashmi, the executive director of CAIR in Oklahoma, is repulsed. “The discrimination that took place flies in the face of what America stands for. We stand for pluralism and freedom, and especially freedom of religion.”
But on the business side of the matter, shouldn’t A&F have the corporate right to hire employees who uphold the store’s ambience?A spokesperson for them claims they do, in fact, “have a strong equal-opportunity policy, and accommodate religious beliefs and practices when possible. Stephen Schwab, the dean of Cornell Law School says frankly, “Employers often win cases involving dress codes. There’s a general feeling that employers are entitled to set an image in their stores.” After all, how often do you see a Caucasian person working in a Chinese restaurant?However, A&F still appears to have violated a section of the Civil Rights Act which stated that an employer’s refusal to hire an employee based on his/her religion is “unlawful”. To win such a case, the employer must demonstrate that he is “unable to reasonably accommodate an individual’s religious observance without undue hardship” on his business. So the final question comes down to this: would the hiring of Samantha Elauf have hurt the Abercrombie brand?
Although the lawsuit is still up in the air, there is no denying that Abercrombie and Fitchdoes not have a great track record with the hiring and dismissal of employees. Prior to this, the company has been sued for limiting its employment of minorities, and the firing of a Pentecostal worker who asked to dress more modestly.
Did Abercrombie and Fitch discriminate against Samantha Elauf? Where should the line between a company’s dress code and religious discrimination be drawn? We would love to hear YOUR reactions! Send your thoughts to forum@youthactionnetwork.org!
