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Teen at center of rights suit
A federal agency alleges that a retailer did not hire her because of her hijab.
 
By GINNIE GRAHAM World Staff Writer
Published: 9/18/2009  2:25 AM
Last Modified: 9/18/2009  4:33 AM

A popular national chain of clothing stores is being sued by the U.S. Equal Employment Opportunity Commission for allegedly not hiring a Muslim Tulsa teenager because she wears a hijab, a religiously mandated head scarf.

The EEOC filed the lawsuit Wednesday against Abercrombie & Fitch in U.S. District Court in Tulsa, citing the Civil Rights Act of 1964, modified in 1991, as the basis for the action.

The suit says that Samantha Elauf, 17, applied in June 2008 for a sales job at the Abercrombie Kids store in Woodland Hills Mall.

A district manager allegedly told her that the hijab, which Elauf wears in observance of her religious beliefs, did not fit the store's image.

"Defendant refused to hire Ms. Elauf because she wears a hijab, claiming that the wearing of headgear was prohibited by its Look Policy, and, further, failed to accommodate her religious beliefs by making an exception to the Look Policy," the lawsuit states.

Elauf went to the Council on American-Islamic Relations-Oklahoma, which helped her file a complaint with the EEOC in Oklahoma City.

The Civil Rights Act protects people from discrimination based upon religion in hiring and in the terms of their employment, an EEOC press release says.

The law requires employers to reasonably accommodate the religious practices of an employee unless doing so would create an "undue hardship" for the employer.

Michelle M. Robertson, a senior trial attorney for the EEOC, stated, "It is unlawful for
employers to treat applicants or workers differently based on their religious beliefs or practices in any aspect of employment, including recruitment, hiring and job assignments."

The lawsuit was filed after the parties failed to reach a settlement, the release states.

Webster Smith, acting director of the EEOC's St. Louis district office, which handles the agency's litigation in Oklahoma, declared, "The EEOC is committed to eliminating religious discrimination in the workplace.

"As religious diversity increases in the workplace, companies need to be more vigilant in respecting and balancing employees' needs to practice their religion, including engaging in religious expression."

The lawsuit asks the company to stop religious discrimination in its hiring; institute policies, practices and programs to provide equal employment opportunities; and provide Elauf with "appropriate back pay with prejudgement interest" and punitive damages.

The EEOC accused Abercrombie & Fitch in 2004 of violating the Civil Rights Act by adopting a restrictive marketing image that limited the hiring of minorities, who did not conform to the image.

The company reached a settlement with the EEOC and private parties in which it agreed to pay $50 million and was enjoined from discriminating against job applicants based on race, color and national origin; discriminating against women because of gender; and denying promotional opportunities to women and minorities.

EEOC general counsel Eric Dreiband said at the time that the retail industry "needs to know that businesses cannot discriminate against individuals under the auspice of a marketing strategy or a particular 'look.' "


Ginnie Graham 581-8376
ginnie.graham@tulsaworld.com
By GINNIE GRAHAM World Staff Writer

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Some reader comments for this story were copied from "Lawsuit filed against clothing store over alleged religious discrimination ," which was published on 9/17/2009.

Report Comment
jestergrl1, Mannford (9/17/2009 5:59:52 PM)
NO company should not be forced to hire someone. If the company has a certain Look then a potential employee must adhere to the companys policy. If the potential employee decides they don't want the Look then go and apply at JCP.
Report Comment
born okay the 1st time, tulsa (9/17/2009 6:00:58 PM)
This happened over a year ago & they're just now filing.....?
Report Comment
tfromtulsa, Tulsa (9/17/2009 6:04:39 PM)
jestergirl - Excellent point.

She could have also gone to Victoria's Secret, or Hooters.
Report Comment
Thunder196, Tulsa (9/17/2009 6:08:37 PM)
Go ahead guys run down to Hooters, fill out that application.
Report Comment
gdplum, (9/17/2009 6:11:15 PM)
...if I happen to get picked for the jury, my mind is made up...A & F won't pay.
Report Comment
Thunder196, Tulsa (9/17/2009 6:12:05 PM)
One company I used to work for had a code no facial or neck tattoos. My boss messed up and missed a neck tattoo one time and hired the guy. I printed off what it meant and gave to her. She about had a heart attack. Luckily he quit before long, he wasn't really interested in working.
Report Comment
2ndjoyce, BA (9/17/2009 6:17:06 PM)
The district manager should be fired IF he told the girl ANY reason for not hiring her. There is no reason to give someone a reason other than, "That position has been filled."

Of course, that is only the allegation, certainly not proven yet.
Report Comment
Check It out, Tulsa (9/17/2009 6:18:58 PM)
Don't Catholic nuns wear something similar on their heads? Would the A&B rule also apply to the little beanie {sorry, I really do not know what it is called} that Jewish guts wear? And how does what a grown girl wears affect the sales of little kid clothes? Would it be offensive to anyone hear if she were refused hire because she was wearing a Christian T Shirt or a cross?
Report Comment
Thunder196, Tulsa (9/17/2009 6:20:04 PM)
You people would probably be surprised at how many temp agencies make sure they only send certain types on job interviews. Most have to do with age. Nothing over age xyz.
Report Comment
Knowwhentofoldem, Tulsa (9/17/2009 6:50:00 PM)
Did not fit the store's image? Oh brother.
Report Comment
no1special, (9/17/2009 6:59:02 PM)
I agree with Joyce, a manager should know never to give a specific reason for not hiring someone. That manager screwed up. My next question is why would a practicing Muslim who wears a hijab want to work at A&F? Is it not against her "beliefs" to be surrounding herself with pictures of half naked men? Something is fishy here.
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Just a country boy, North Okmulgee County (9/17/2009 7:06:06 PM)
I was told by a former boss who was not the one who hired me that if he had been in charge when I was hired he would not have hired me due to my long hair and pony tail. I worked there for 26 years and he was let go long before me. So more power too her to not hire someone based on looks is toataly wrong.
Report Comment
jess, (9/17/2009 7:26:01 PM)
What a load.
Report Comment
true2form, Grand Lake (9/17/2009 7:35:05 PM)
The law is there to protect all religious persuasions and has taken up cases involving not just the hijab. It has defended those who wear a cross outside of their clothing and a yarmulke on their heads.
Report Comment
oldrustytulsa, Tulsa (9/17/2009 8:04:40 PM)
And I wont Buy anything from some-one in a store thats got blue or green hair sticking up all over their head and rings in the their eyebrows and in their nose.
Report Comment
dustyoutlaw, Tulsa (9/17/2009 9:28:22 PM)
1.) As a business owner I hired people I found to be most likely to enhance sales, would show up, actually work and not cause problems.

2.) I would not hire anyone who gave me reason to know their religion, politics or sexual preference. If they have to drive that home in a stinking interview they're going to be a problem.

3.) Joyce is right. 'The position has been filled"
works or "we're still considering everyone to make sure we give everyone a fair opportunity"
Report Comment
Herbert Rogers, Jenks (9/18/2009 4:55:56 AM)
One year ago, European News Organizations predicted "what they started in European cities,
would eventually be tried in the U.S."
Muslims "whinned" about not being allowed to wear their "scarves" in Paris.
Then the Muslims "whinned" again about not being allowed to have their own prayer-chapel at Orly Airport.
Finally, the FRENCH said, "SHUT-UP AND SIT-DOWN"!!
Report Comment
Herbert Rogers, Jenks (9/18/2009 5:01:45 AM)
Listen, everybody...do I really have to say...this young girl is being tutored and used in a calculative way ?
Can't we see Muslims are using (our) own laws against us?
Let's not let France show-us-up !
Report Comment
Herbert Rogers, Jenks (9/18/2009 5:10:07 AM)
Sorry, it's me again. One more thing: I promise you, Mike Jones Editorial this Sunday will be one of "Everybody's Beautiful In Their own Way...."
or..."Can't just we be Friends....."!
You see where INCLUSION is leading us, right?
Report Comment
droopy, wagoner (9/18/2009 6:51:21 AM)
Mr. Rogers, that Mike Jones comment was spot on and really funny.
Report Comment
rememberme?, (9/18/2009 7:28:32 AM)
A&F should make a new dress code that your total clothing can't exceed certain # sq inches.....so, you want to wear a scarf on your head, you have to take it off somewhere else :)
Report Comment
honky donkey, (9/18/2009 8:56:18 AM)
I watched this story on channel 6 last night and it seems to be quite far fetched. This young Muslim woman is claiming her religious beliefs while pictures on her wall showed half-naked models while declaring her love for fashion. It is issues like this that cause divisive behavior amongst cultures but in my opinion the pictures that were shown prove to me that she is trying to make a statement all the while not living a humble Muslim life. I would bet that there is big money behind this lawsuit.
Report Comment
skippy1, Tulsa (9/18/2009 9:00:40 AM)
Employers should have the absolute right to hire or not hire anyone they choose. This girl made her religion an issue, not the employer. Personally, I won't deal with store employees who look half crazed with 'tats' or overt body piercings. Let her go back to her own country and get a job.
Report Comment
giddyupgal, (9/18/2009 9:26:53 AM)
Personally, I'd rather see a young girl in a hijab than the way some of these sales people dress. I'm tired of seeing skulls on everything. Hello Kitty skulls, and skulls with crosses, and skulls with heaven only knows what else. And piercings. And nasty tattoos. And baggy pants with boxer shorts. I don't want to see your thong either!!!!! Good Lord, what were they thinking? Do they have a full-length mirror in their home? I don't know that this is lawsuit-worthy, but good grief, that manager should have kept her mouth shut. Is she still working for A&F?
Report Comment
billy8, Sand Springs (9/18/2009 9:34:02 AM)
When you indorse discrimination,you discriminate against everyone, when the civil rights have been violated against one human today, what are you going to do when someone decides that your rights should be taken away for something you believe.
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