A Hollister sales associate was fired for refusing to remove her headscarf while working in the stock room. The 19 year old sales associate stated that she wore the headscarf for religious reasons, and refused to remove it. Two weeks after refusing to remove her headscarf, the associate was fired for violating the company's "look policy" which bans headwear.
A federal judge ordered Abercrombie & Fitch, Hollister's parent company, to pay the former associate damages for violating discrimination laws.
When the sales associate was terminated in 2010, she filed a complaint with the Equal Employment Opportunity Commission (EEOC). At the time she had filed her complaint, the EEOC was investigating two similar claims against Abercrombie & Fitch. Both claims involved women stating that Abercrombie & Fitch would not hire them because they wore hijabs.
According to court records, Abercrombie & Fitch rejected a deal made by the EEOC that stated that all employees should be able to wear headscarves. Abercrombie & Fitch supposedly rejected the deal, stating that store associates “reinforce the aspirational lifestyles represented by the brands,” and that they are “a central element in creating the atmosphere of the stores.” Abercrombie & Fitch also argued to the court that store associates should be classified as “living advertisements” and that their appearance is protected by commercial speech.
However, the federal judge presiding over the case could not find that letting associates wear hijabs hurt sales. Damages paid to the victims will be determined at a future date.
If you are the victim of employment discrimination, please contact Ambuter Law for your free case evaluation.
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