Skip to main content
Sojourners
faith in action for social justice
Sojourners
About
About SojournersEventsOur TeamWork With UsMediaWays to GiveInvite a SpeakerContact Us
SojoAction
OverviewTake ActionIssue AreasResourcesFaith-Rooted AdvocatesChurch Engagement
Magazine
Current IssueArchivesManage My SubscriptionWrite for Sojourners
Sections
LatestPoliticsColumnsLiving FaithArts & CultureGlobalPodcastsVideoPreaching The Word
Subscribe
MagazineRenewPreaching the WordCustomer ServiceNewsletters
Donate
Login / Register

Muslim Clerk Wins Hijab Fight Against Abercrombie and Fitch

By Omar Sacirbey
Sep 11, 2013
Share

A federal judge ruled Monday that the Abercrombie and Fitch clothing chain violated federal anti-employment discrimination guidelines when it fired a Muslim employee in 2010 for not removing her religious headscarf, or hijab, for work.

Abercrombie asserted that as part of its business plan, it not only employed sales-floor personnel, but “models,” had a “look policy” that gave employees certain grooming and appearance guidelines, and sought to give customers an “in-store experience.”

Umme-Hani Khan wore her headscarf when she interviewed at Abercrombie’s store in San Mateo, Calif. Khan said she accepted the “look policy,” which included a no headgear provision, and in October 2009 started her new job, which was mainly in the stockroom, but required her one to four times per shift to restock clothes on the sales floor.

Local supervisors permitted Khan to wear headscarves, as long as they matched company colors, and never complained about Khan’s performance. But about four months into Khan’s employment, the store was visited by a district manager who noticed Khan’s headscarf. A human resources manager told Khan she could keep working at the story only if she stopped wearing her headscarf at work.

Khan was fired on Feb. 22, 2010 and filed her lawsuit with the federal Equal Employment Opportunity Commission on March 1.

“All Americans have a right to reasonable religious accommodation in the workplace, and for Muslim women this includes the right to wear a hijab to work,” said Zahra Billoo, executive director of the San Francisco Bay Area chapter of the Council on American-Islamic Relations, which filed the lawsuit.

In its defense, Abercrombie argued that it was exercising its right to commercial free speech, and that an employee who wore a headscarf could hurt the store’s business, even though the company could not produce any evidence of economic harm.

U.S. District Court Judge Yvonne Gonzalez Rogers wrote that while Abercrombie requires employees to “represent the brand,” it cannot demand they be a “living advertisement,” and as part of her judgment ordered the retailer to revise its policies to prevent discrimination.

Omar Sacirbey writes for Religion News Service. Via RNS.

Got something to say about what you're reading? We value your feedback!

Tell Us What You Think!

We value your feedback on the articles we post. Please fill out the form below, and a member of our online publication team will receive your message. By submitting this form, you consent to your comment being featured in our Letters section. 

Please do not include any non-text characters, such as emojis or other non-standard content, into your submission.  It may cause errors in submitting the form.  Thanks!

Don't Miss a Story!

Sojourners is committed to faith and justice even in polarized times. Will you join us on the journey?
Confirm Your Email Address.
By entering your email we'll send you our newsletter each Thursday. You can unsubscribe anytime.
Search Sojourners

Subscribe

Magazine Newsletters Preaching The Word
Follow on Facebook Follow on Bluesky Follow on Instagram Subscribe to our RSS Feed
Sojourners
Donate Products Editorial Policies Privacy Policy

Media

Advertising Press

Opportunities

Careers Fellowship Program

Contact

Office
408 C St. NE
Washington DC, 20002
Phone 202-328-8842
Fax 202-328-8757
Email sojourners@sojo.net
Unless otherwise noted, all material © Sojourners 2025