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.
Still, 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.
It is not the first time the company has been charged with discriminating against Muslim women over the wearing of a hijab.
In 2009, Samantha Elauf, who was 17 at the time, filed a federal lawsuit in Tulsa, Okla., alleging the company rejected her for a job because she was wearing a hijab. That case is still ongoing.
The EEOC filed another lawsuit for the same reason, saying the company denied work to a hijab-wearing woman who applied for a stocking position in 2008 at an Abercrombie Kids store at the Great Mall in Milpitas, Calif.
Khan’s attorney said her client is looking to get Abercrombie to change its “look policy” to allow religious headscarves to be worn by employees, and for unspecified damages. The lawsuit alleges violations of federal and state civil rights and employment laws.
A woman with a prosthetic arm sued the company on their ‘look policy’ as well two years ago as well.
Dean claims that when she told A&F about her disability after getting the job, the firm agreed she could wear a white cardigan to cover the link between her prosthesis and her upper arm. But shortly afterwards, she was told she could not work on the shop floor unless she took off the cardigan as she was breaking the firm’s “look policy”. She told the tribunal that someone in the A&F head office suggested she stay in the stockroom “until the winter uniform arrives”.
The “look policy” stipulates that all employees “represent Abercrombie & Fitch with natural, classic American style consistent with the company’s brand” and “look great while exhibiting individuality”. Workers must wear a “clean, natural, classic hairstyle” and have nails which extend “no more than a quarter inch beyond the tip of the finger”.