Can Store Uniforms Constitute Religious Discrimination?
Provided by HG.org
A former Abercrombie & Fitch employee has won a major discrimination case against the popular clothing company. Umme-Hani Khan, a 19 year old Muslim woman obtained the assistance of the U.S. Equal Employment Opportunity Commission.
Throughout the legal battle, Khan claimed that she was fired from a Hollister store owned by Abercrombie & Fitch after refusing to remove her Islamic headscarf, known as a hijab. Her argument centered on whether requiring Khan to remove the hijab as a condition of employment constituted discrimination based on religious preference.
A U.S. District Court (the federal trial court) agreed with the young woman, ruling that anti-discrimination laws were violated in her firing.
Abercrombie & Fitch suggested that it should have the right to protect its brand identity and enact certain regulations regarding appropriate attire in the workplace. Normally, this would be true, but in the case of Khan these regulations went too far, impeding her ability to freely practice her religion and still remain employed by the store. As a result, the District Court ruled against the clothing store, finding the policy discriminatory.
Many cases turn on the specific facts, and this one is no exception. A huge factor weighing against Abercrombie & Fitch was testimony that the store initially allowed the young woman to wear the headscarf, but required that it match company colors. After Khan complied with this regulation, her hijab was banned altogether.
Generally, an employer is required to make reasonable accommodations to allow for non-discriminatory employment. Unfortunately, in this case, Khan appeared to be the only one to make any accommodations, and Abercrombie & Fitch failed to show how allowing Khan to wear the hijab unduly burdened the clothing company. As a result, an adverse ruling was all but assured.
If you believe your employer has discriminated against you, you should contact an experienced employment attorney who can assist you with your claim. They can both help you bring a civil suit and guide you in contacting government agencies that regulate certain employment practices. On the other hand, if you are an employer and wish to avoid employment discrimination claims, or need help defending against one that is already pending, you need an attorney to help you in crafting appropriate policies and defenses.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
A U.S. District Court (the federal trial court) agreed with the young woman, ruling that anti-discrimination laws were violated in her firing.
Abercrombie & Fitch suggested that it should have the right to protect its brand identity and enact certain regulations regarding appropriate attire in the workplace. Normally, this would be true, but in the case of Khan these regulations went too far, impeding her ability to freely practice her religion and still remain employed by the store. As a result, the District Court ruled against the clothing store, finding the policy discriminatory.
Many cases turn on the specific facts, and this one is no exception. A huge factor weighing against Abercrombie & Fitch was testimony that the store initially allowed the young woman to wear the headscarf, but required that it match company colors. After Khan complied with this regulation, her hijab was banned altogether.
Generally, an employer is required to make reasonable accommodations to allow for non-discriminatory employment. Unfortunately, in this case, Khan appeared to be the only one to make any accommodations, and Abercrombie & Fitch failed to show how allowing Khan to wear the hijab unduly burdened the clothing company. As a result, an adverse ruling was all but assured.
If you believe your employer has discriminated against you, you should contact an experienced employment attorney who can assist you with your claim. They can both help you bring a civil suit and guide you in contacting government agencies that regulate certain employment practices. On the other hand, if you are an employer and wish to avoid employment discrimination claims, or need help defending against one that is already pending, you need an attorney to help you in crafting appropriate policies and defenses.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
