World

American Muslim woman sues Abercrombie over hijab

Hani Khan alleged that store managers told her to remove her hijab as part of the clothing chain's "Look Policy".

Afp June 28, 2011

NEW YORK: A US Muslim woman sued Abercrombie & Fitch on Monday, accusing the clothing retailer of firing her for refusing to remove her religious head scarf, a Muslim advocacy group said.

Hani Khan of San Mateo, California, alleged that store managers had told her to remove her hijab as part of the clothing chain's "Look Policy," the Council of American-Islamic Relation (CAIR) said in a statement.

Khan was fired from her job at an Abercrombie & Fitch store in California in February 2010, after working there for four months, when she refused to comply with the managers' request, according to CAIR.

"When I was asked to remove my scarf after being hired with it on, I was demoralized and felt unwanted," Khan said.

"Growing up in this country where the Bill of Rights guarantees freedom of religion, I have felt let down."

After being fired, Khan complained to the US Equal Employment Opportunity Commission, which ruled in September 2010 that she had been the victim of discrimination.

She filed the lawsuit against Abercrombie & Fitch after failing to reach a mediation agreement with them, CAIR said.

"Abercrombie & Fitch cannot hide behind a 'Look Policy' to justify violating Ms. Khan's civil rights," Araceli Martinez-Olguin, a lawyer representing Khan, said in the statement.

Abercrombie & Fitch, a youth-oriented clothing retailer notorious for ads featuring scantily clad young models, has repeatedly faced legal trouble because of its "Look Policy", which it considers important for to its market image.

In September 2009, US authorities sued the company for discriminating against a Muslim woman in Tulsa, Oklahoma, who alleged that a store had refused to hire her because of her head scarf.

In a similar case in 2008, a Muslim woman said a manager at an Abercrombie & Fitch store in Milpitas, California, had written "not Abercrombie look" on her interview form and refused to hire her after she applied for a job.

Last year, US authorities sued the company for discrimination over the incident.

COMMENTS (53)

Hassan Raza | 12 years ago | Reply The good thing is that YOU CAN SUE!

Mansoor | 12 years ago | Reply @Anand Kumar: Dear Anand: Would you classify wearing a turban a privilege or a mandated right? Please advise. If a man is allowed to wear a turban at a workplace then why a woman cannot wear a headscraf. Please do answer this simple question for me? You say Hindus don't demand special privilages - go and ask those Hindus who are religious minded. I have good friendships with a number of them in London - they all agree with my view point which I mentioned above in my write up (please do read the last para again in my above write up with regard to an employer). In London schools, a number of hindu parents request the availability of veggi food on the school menu for their kids. If in any school it is not available then they do lobby for it, which is fine with me. I would do the same thing.

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ali | 12 years ago | Reply in most of the flights veg food is served for hindus, i do not think it wrong.

ali | 12 years ago | Reply @Natasha Kundi: please talk some sense, do u think that girl started wearing hijab after being employed? How funny it is, the company could not prove it in the court by showing documental evidence like their dress code policy, appointment letter, video evidence of her not wearing hijab in the begining and then suddenly started doing it. Ms natasha they should better hire u to fight their case in court so that not only they lose but also to pay heavy penalty. By the way u do everything for money that's why u take every matter as money matter.

Natasha Kundi | 12 years ago | Reply oh guys, has this turned into a religious talk show or what? A&F has a dress code, maybe she started wearing it after she was employed. Its just like in Saudia women are not allowed to drive or uncover themselves, its the same in A&F, you are meant to do things and you are not meant to do things. Its completely acceptable, why is it right when Saudia does it and wrong when A&F does it. Its got nothing to do with religion. The girl is just looking for money by suing them. Thats it. It was probably pre-planned, as laws are pretty trasparent in the western world. Do we know all sides of the story? no ... so get on with your lives, thanks!

ali | 12 years ago | Reply it seems a futile debate going on in which so-called liberal but indeed slaved-minded people have been giving stupid and irrelavant arguments to blemish the image of islam purposely. In a nutshell, the lady was a us citizen living and working as per us laws. When she felt that she had been a victim of discrimination, she went to the court as a good citizen and fought and won her case under us laws(mind it not pakistani or islamic law) against a company which had all the resources to defend its point-of-view. What the hell now people are barking against her and islam, although it is nothing to do with islam. It is a pure case of fundamental rights awarded under law of the land. Now these slave-minded people, just imagin telling the world' s most advanced democracy the us that their tolerate image is damaging them, consider it to change. How funny it is

Anand Kumar | 12 years ago | Reply @Mansoor Mansoor-I never mentioned anything about the Sikhs turban! Where did you get that? I mentioned the "kirpan'.Your not making any sense at all. As for smokers whom I assume maybe Muslims, Christians, atheists etc it is alright. Special priveleges for any one group is a no-no. No body minds prayers during tea breaks or lunch time. As far as I know, Hindus dont insist on special priveleges when they go abroad. Requesting for vegetarian food is different from insisting for it. And by the way not all Hindus are vegetarians. I am also not a Hindu. I eat nearly everything, deep fried in pork fat!

Ihk | 12 years ago | Reply @faraz: You are right. Employer has every right to specify a dress code at the time of hiring. Even in Pakistan some employers do this. I simply look for other opportunities where my clothes do not 'offend' anyone. My response is to those who have their own warped up notions on us who have chosen hijab voluntarily and for those who are our very own 'so called liberal' brand of extremists, intolerant, bigoted, i-am-right-and-you-are-wrong mindsets.

from india | 12 years ago | Reply will emirates airlines allow a non-muslim hostess to dress the way she wants, so that she can practice her religion without caring about their look policy ?

malik | 12 years ago | Reply @Mansoor: The reason why women are asked to cover themselves in Islam is simple; our women are so beautiful that if she does not cover her body completely, she will cause uncontrollable desire in any stranger who sets his sight on her. She will arouse his passions so much that, the stranger might not be able to control his basic instincts and he will try utmost to have physical relations with her. If she covers her fully, he won't be tempted and she will be safe, her family honor will be safe. Don't we hide our silver cups and forks inside the kitchen whenever a neighbor visits our house?

Usman Syed | 12 years ago | Reply US Equal Employment Opportunity Commission has already ruled in favor of the woman. This clearly shows her justified claims. So why are people here defending A&F? The lady is just moving ahead with her legal right of a lawauit.

Usman | 12 years ago | Reply @Anwar Hafeez There is one hell of a difference between eating pork and wearing a hijaab unless you dont find much difference in it! :S sad!!

Mark | 12 years ago | Reply @sarfaraz naveed: It's all part of that whole freedom deal. Dumb things get through right alongside the good. To say she can't wear those garments, regardless of opinion, is a contradiction. If she believes them to be sickening, nobody is stopping her from taking them off. Just as nobody is forcing her to wear them. It's her choice. To not allow her to because of an image based on opinion is a contradiction to the bigger picture of being free to choose. Feel free to come over and try to get them to see it another way that doesn't involve harming anyone or anything. Really. Nobody would stop you and it wouldn't be seen as bad. An independent person with high self esteem can attempt to shoot as high as they want. A person with poor self image who has been brain washed to deny themselves of things has the option of changing themselves through whatever personal means they choose, even counseling. But, if someone wants to live like a second class citizen they are still living alongside many things pointing out that there is another way if they so desire it. To truly go after and ban a wardrobe means that even clothes that do not fit into that category but have similar styling would also have to be rejected. It's a needless mess that shouldn't even begin to get started. That's just plain smothering and out of line for any government.

sundar | 12 years ago | Reply @Mansoor: For your information all Hindus are not vegetarians. I haven't heard any Hindu demanding vegetarian food wherever they go. Having said that what you wear is your personal choice as long as they don't come into the public domain. Especially if the job involves interaction with the public its a whole different ball game. In work place if a Hindu women refuse to adhere to their dress code, it will be wrong too. In this case I do not know whether the employer has specifically given guide lines about the dress code.

TightChuddi | 12 years ago | Reply What is the rule in Saudi Arabia if a woman is wearing mini-skirt?

Mansoor | 12 years ago | Reply @Anand Kumar: Excuse me - what do you mean Sikhs are mandated to wear turban and carry a 'Kirpan'. So when a Sikh goes to work; do you expect him to leave his turban home??? Or a Sikh should be allowed to wear a turban at work (as per you he is mandated)? At least make some sense of what you are trying to say here!! In the case of prayers, it is not a problem at all. We can pray during the lunch time or tea breaks. Do you reckon that it is OK for smokers to have fag breaks? Most smokers do take such breaks as per the law in many countries. As you say, 'when in Rome do as the Romans do' - then please tell me is there a need for vegetarian food to be available in places like London to accommodate people like yourself? Why don't you tell your fellow Indians that when they go abroad or reside in places like London they all should quit vegetarian food, stop wearing sarees and relinguish all hindu traditions (as I see a lot of them on London streets not doing the same as indigenous Londoners do). Everyone has the right to be different - employers should judge an employee by his or her quality and quantity of work, and not how he or she looks like. Unless it is specifically mentioned or included in a job spec or pre-recruitment documentation that certain dresses or gears won't be suitable for this role (based on practical reasons and not because an employer doesn't like a particular section of the community). However, this precondition should be justifiable taking into account the nature and type of work in question. I hope it makes sense!

fauziah | 12 years ago | Reply well if she was selling food and the way she apeared didnt effect their business in any way. Then her objection would have been justified. You dont model for D&G and insist on a photoshoot that you want to wear a hijaab. its just an example i am giving. Islam resects ither peoples lives businesses and views. Islam shows tolerance and at the same time doesnt force and impose their own rules on others. How can you work for some one and at the same time ask them to change their policy coz you want to practice your own faith. its their right to have certain SOPs and as a muslim woman if she is not comfortable she can walk out. But if she is a representative whose dress contradicts and effects the business she has no right to force them to change their sops and accomodate her. its a matter of principal not a matter of religion. And i hate how some of you come here and try becoming heroes by criticizing things that you dont even know about. You maulvis have ruined Islam and the meaning of Islam by going around making it a money minting business suing ppl around.

AverageRandom | 12 years ago | Reply @Anwar Hafeez and Sarmad Khan: Did you guys have a really bad day or is trolling your favourite past time?

Loneliberal PK | 12 years ago | Reply Abercrombie and Fitch has worked hard to foster an image of itself as a "sexy" clothing retailer...and it has reasons to keep it that way. If Hani Khan is such a shareef, modest Muslim woman, she shouldn't have been working in a store like that in the first place. What's next? Taking a job at a pork-meat processing plant, refusing to touch ham, or anything associated with ham, and then suing the plant for not putting up with her religious demands?

sundar | 12 years ago | Reply It is not the question of Muslim women covering their head or from head to toe. You can do whatever you like in your own country. But when you immigrate to live in another country enjoying the freedom which you don't get in your country, try to integrate reasonably with the locals. How come its only you create problem wherever you go?

aiman | 12 years ago | Reply You know, our society really is prehistoric and brainwashed. Our people actually do not have a mind of their own. I did not really agree with all that untill I read the comments above. The general public in the west is actually more tolerant towards muslim values, more accepting and respectful than people from our own society. We condem a woman wanting to cover herself just so that she feels more comfortable in public, just because not all women of the west do it. The hijab is for many women a symbol of who they are and the community they belong to along with the sense that they are confining to what they feel is something God wants. I know this is not one of the fundemental requirements, I know that this is something God has left unto us to interpret. Therefore. Everyone will have their own interpretation, whether it is to be covered with a nikaab, or to only have pure intentions etc. If people commenting above are not being 'forced' to cover up, and do not 'force the women in their families and around them to cover up, to your religion, and to everyone else their own. I will support this woman just as much as I would support a nonmuslim who is being wronged in this country.

goggi | 12 years ago | Reply @sarfaraz naveed: we barbarians what do you mean "we"? Are you an Arab? Hijab, abaya etc. were never a part of my Punjabi culture where women moved freely with chaddar. I have personally visited a co-education school of Lahore. In the class 9Th and tenth we were about 28 girls and boys and there existed absolutely no segregation of genders. In fact it was a rule from our class teacher that one boy and one girl sat besides each other.I cannot remember any sort of vulgarity or indecency from any boy and the girls were simply dressed in their shalwar, kameez and dupatta.

R | 12 years ago | Reply We shall go in as "guests" and claim to be the inheritors of their land. Change them to our will and customs. Use their laws and language to accommodate us - for we are the 'superior'. We shall never allow them - the 'other', equality and liberties as citizens of our lands. Only if they submit to our customs and ways. In either circumstance, we are winning! (Seriously, are we really?) Do we want to assimilate and yet be who we are OR do we always have to maintian our identity by empasizing how 'unique' we are?

Anand Kumar | 12 years ago | Reply When in Rome do as the Romans do. Sikhs are mandated to carry a "Kirpan", which is a ceremonial dagger and are mandated to carry one at all times. But no airline in the world allows that. I cannot understand the hypocrisy of some muslims. I know of cases where muslims have joined Food stores in the west and then insist on not touching Pork products and insisting that non-muslims should be assigned to handle those products. Also some muslim workers insist on prayer breaks. So who is supposed to handle the work during the prayer breaks? Non-muslims!! Muslims should grow up! Why should there be special preferences for muslims?

Waseem | 12 years ago | Reply @Akthar: Where does it says in islam that you cannot work at abercrombie? Stop making your own islam for God sake. Its already hurting us when we have created it by these so called mullah's. Question here is abiut her freedom of religion which we muslims enjoy in US but dont give it back to our people living in Pakistan, again because of these terrorist mullahs spreading hatred. A woman can wear scarf and work, Abercrombie discriminated against muslims thus i am not going to be any clothing from there anymore unless they publicli comeout and appologise.

faraz | 12 years ago | Reply @lhk Its a question of common sense that the employer has the right to specify the employee's dressing code

Talha | 12 years ago | Reply I don't know if my comment will be posted but I will reiterate it in a more sedated manner. We had a large role in creation of this country and my ancestors have lived in this land for centuries. Why should we be forced to accept the ideology of those who opposed this country and later moved here to spread their destruction. Anyway, odd logic you have there, we would be classifieds as the Romans here, not settlers from another land.

Talha | 12 years ago | Reply @Fahad Raza But we had a large role in creating this country, we didn't come from Deoband or Pathankot and enforced our intolerant and hate filled ideology onto others. My ancestors have been in this land for centuries, we should be the ones making the rules not some immigrants who are hell bent on destroying this country.

Ihk | 12 years ago | Reply You MEN want us to take off our hijabs because YOU think this degrades us and has been forced on us. YOU will now shove your narrow minded concepts down our throats that we are ashamed of our bodies. Wow...talk about freedom and liberation. For your information, all of us who have taken up hijab voluntarily are quite happy that OUR bodies are not for public (read men) display. Thank you very much.

Imaan Sheikh | 12 years ago | Reply So... It's actually okay for people to dress whatever way they want in the US, e.g. cross dressers, trannies, goths, tattooed/pierced folks, Rastas, (and these are just SUB-cultural examples) But it isn't okay for a woman to wear Hijab? Wow, the irony of "freedom". People dress very outrageously in the US. But, hey, it's America. Synonymous with liberty, freedom and all sorts of liberal jazz. They should just let people be. And the silly part is the late realization of the recruiters that the woman wears a scarf.

Libral fascist | 12 years ago | Reply @Moderate: First of all you should change your title from moderate to "Religious fascist". As you talked about the laws then what you say about france when they put a ban on hijab in there law? why people like you were jumping on your feet? its there country they passed a law now according to you other people should obey it right?

G. Din | 12 years ago | Reply Abercombie & Fitch is a commercial organization. Anything (except high prices) that deters the public from patronizing them has to be got rid of. It is a fact that such garments evoke revulsion in America. It does not matter one bit whether it is justified in your view or not. Even if she wins this case, she has already a black mark on her resume and she can kiss a future job good-bye, no matter how much Muslims may rant. Trust me, this action of hers shall precede her everywhere from now on. It points to her unsocial and capricious attitude. However, it could be said in her favour that A & F should have warned her about this policy before sending her an appointment offer. That is no excuse, though. Policies can be changed at will and you have to confirm to those or see yourself out by the exit gate. The bottom line is that you have to learn to get along with people around you. No one will bend to your wishes - not any more anyway! There is nothing special about you!

Fahad Raza | 12 years ago | Reply @Talha: funny you say so... that means for Pakistan as well doesn't it or do you want special rights as well

Natasha Kundi | 12 years ago | Reply A&F employees are employed based on their model-like looks, which is a company policy, regardless of anyone being black or white or whatever. This is the 2nd case that I have heard of. Riam Dean was sacked because of being born without an arm. http://www.dailymail.co.uk/news/article-1192674/I-banished-stockroom-says-disabled-shop-girl-suing-Abercrombie--Fitch-discrimination.html Why do they hire people when they want to sack them later on, beats me...

Akthar | 12 years ago | Reply Why work for a company with sexual orientation? If she think she's pious wearing a hijab, is working for that store is pious? Hypocracy at its worst!

Utopia | 12 years ago | Reply For all the above comments: Do not go too far in thrashing Islam, that there's no point of return. Have mercy on yourselves. Hijab is not a product of shame but a product of pride over how precious a woman's body is (same goes for men, as they should also carry decent clothing). Get out of your Islamophobia! if girls can shout over, is some one tells them to wear a dupatta. Similarly this girl too has a right to cover in whatever way she wants. Let people follow their beliefs peacefully. They are not going to blast up. USE your COMMON SENSE.

Furqan | 12 years ago | Reply @abdul sami: You won't find any negative extremism videos of her it is because they teach basic principles of ISLAM, which should be added by every Muslim.The journalist can investigate all they want but they will find that She and her husband (Dr.Idress Zubair) used there own money to start Dawa (Religious Education).And ALLAH propped her up Mashallah :). Oh and did i tell u that she and her husband are both Phd's from University of Glasgow, scotland and Al Huda branches are spread nationwide all over Pakistan and in Canada, America, England and Middle East.So i guess speaking about anyone you should do ur research first.

Mansoor | 12 years ago | Reply @anwar hafeez and Sarmad Khan: Very strange Mr. Hafeez and Mr. Khan. Let's do some analysis. Basically, you believe if a woman covers her body (with clothes) when she goes out of her house or to a social gathering is weird or unjustified or reflects a regressive mindset. OK, fine. Let's consider a typical western party or a social gathering - can you envisage what sort of clothes men and women would wear in that gathering. Typically, men would wear black suits - covering all parts of their body and women would come in flimsy clothes showing off most parts of their body. Do you think this kind of divide is to promote woman's image or a woman's status in westerner societies is so high that it is preferred that they wear as less clothes as possible. On the other hand men come out in full dresses. In this scenario do you think westerner men are deprived of their social status or men's bodies are evil or not worthy of being looked at (in a typical social gathering). Basically, it is the tendency of men to look for free entertainment, whereever they can. However, in Islam there is no concept of free entertainment - for both men and women, you have to commit yourself to a relationship in order to gain access to each other. In this particular news (above), the muslim girl was only wearing a headscraf in addition to other normal clothing. Have you every looked at nuns how they dress themselves or sikh men (as they also cover their heads) - what would you be saying about these sections of the society. Also, you say Americans ruled in her favour and Americans are too tolerant, etc. This sounds very childish of you - you have a recent example of Aafia Siddiqui who didn't kill anyone but was prisioned for more than 70 years and at the same their own man (RD) who killed two people in broad daylight was forcefully freed.

Ali | 12 years ago | Reply If she wore it for 4 months then why didn't they say something then? They should never have hired her in the first place if she didn't fit their look. I'm not a fan of the hijab but if someone doens't fit your company look and you hire them then fire them 4 months later this is unfair. The best thing would be not to hire her in the first place. The company is at fault here.

Malay | 12 years ago | Reply @Anwar Hafeez "....walking around in a black tent." ha.. ha... ha...You rock man. @Ali Very logical and aptly put.

Furqan | 12 years ago | Reply Its a shame to see comments here so far, they don't wear the hijab in us because of brainwashing it shows how they understand there religion, not like all the shamesless muslims commenting here against the hijab. May ALLAH guide us all.

abdul sami | 12 years ago | Reply does anyone have a link to articles or news stories about farhat hashmi and her dars parties of the 90's and what is she upto these days?? is she the one who started this whole hijab madness?? i've seen her ranting on a few videos on youtube,but has anyone done any investigative journalist on from where she got her funding,who propped her up in the 90's and what's her agenda apart from brainwashing young girls into islamic extremism? any links anyone??

Ali | 12 years ago | Reply How can her conscience and belief let her work for a store which is 'notorious for ads featuring scantily clad young models'. Surely she should realise her income is tainted by the western ills and designs (no pun). One cannot be selective in their religious views to suit one self. Also, one has to abide by corporate, country and regional laws. Nudists have no place in majority of the malls in the world and likewise women cannot go out without their 'abayas 'in Saudi regardless of their relegious belief or background which may be encroachment of fundamental rights for some of them. One needs to respect all policies and laws. They are there for a reason.

Pragmatist | 12 years ago | Reply She may win the law suit. But what are the chances of another Muslim woman getting a job again?

miks | 12 years ago | Reply Love the comments on this topic...

Pseudo-liberal | 12 years ago | Reply how come wearing headscarf is equated with preaching atheism or Judaism? A better analogy would be "Wearing Headscarf = Wearing a Cross". And I guess you can wear that in Pakistan. Your hatred for Islam is evident from your poor argumentation and lack of understanding and respect for others. When decisions and actions are based on mere hatred it result in further extremism. Had you guys been a little more educated and considerate towards the people you differ with, the world had been different.

Talha | 12 years ago | Reply When in Rome? A&F is synonymous with sexuality, this woman should be aware of that, she should not have worked there then if she was going to cover up.

Moderate | 12 years ago | Reply @Anwar Hafeez you narrow mind cannot reach a concluion better then that. Pitty on you and your kind. And it is part of American law to not discreminate on base of religion and it is part of our law that pork eating is forbidden. It shouldnt be that hard to understand.

Mahmood | 12 years ago | Reply @anwar hafeez: Dear read the again, issue is Look Policy of company. Talk about issue, do not mix propaganda.

Jeddy | 12 years ago | Reply The US has laws against religious discrimination, it also has laws which allows freedom of religion. No company's image can ever be over and above the law of the country.

sarfaraz naveed | 12 years ago | Reply we barbarians think of women without hijabs or burkas as loose women ,while a girl hiding behind a black tent is considered by our men as 'shareef'. this religious misogyny which has warped the minds of our men to the extent that a jeans wearing girl is considered by islamic fascists as 'wajib-ul-rape'. muslim men's sick obsession with female virginity results in a lot of normal good girls not finding husbands. religious misogyny must end.we can't continue to treat our women as animals.

sarmad khan | 12 years ago | Reply the americans ruled in her favour but will our courts allow any american to to come over here and openly advocate atheism or judaism?? the american society has proven itself to be much tolerant than us but they are taking this tolerance to damaging heights.Allowing this woman to blackmail abercombie is a disgrace. Hijabs,burkas,abayas are all misogynistic,sickening garments brainwashed women wear.girls who've been told from birth how evil and mischeivous the female body is and how a 'good' girl must always be ashamed of her gender and of her body and must religiously hide this shame under layers and layers of black ,suffocating cloth. it is time that the americans gave up their political correctness and took a stand against women oppressing symbolism.the radical,self hating misogynistic cavewomen who wear these things and intimidate others into wearing them must be told that no civilised society can allow their medieval ways to continue. i've already seen the increasing number of hijabis in my university and they are all under the brainwashing influence of a female evangelical famous for her 5 star dars parties.

anwar hafeez | 12 years ago | Reply the store was right to fire her.it is their country and they don't believe in making women feel ashamed of their bodies.she should not have worn the hijab in the first place.american society is a civilised one,she shouldn't have taken her regressive,medieval religious ideology and tried to impose it on their corporate culture.CAIR has repeatedly proven itself to be nothing but a blackmailing pressure group hungry for publicity and they will use this case to raise the phony specter of religious profiling. it's pretty simple ,when we don't the westerners to come here and publicly eat pork,then why should they allow such fundoo women to publicly wear a hijab or walk around in a black tent?

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