Muslim Woman Wins Title VII Challenge To Abercrombie's "Look Policy"

In EEOC v. Abercrombie & Fitch Stores, Inc, (ND CA, Sept. 3, 2013), a California federal district court granted partial summary judgment in a Title VII case to a Muslim woman, Umme-Hani Khan, who was terminated from her employment with Abercrombie & Fitch when she insisted on wearing her headscarf (hijab) for religious reasons.  The company insisted that Khan comply with its "Look Policy." The court rejected Abercrombie's claim that accommodation of Khan's religious beliefs would impose an undue hardship.  It also rejected Abercrombie's argument that its Look Policy was protected by the 1st Amendment's commercial speech doctrine because store associates were in effect living advertisements. CAIR issued a press release announcing the decision.