Sean Brodrick -

Unbelievable

by Sean Brodrick on September 24, 2009

Here’s one of those lawsuits that gives Equal Employment Opportunity Commission a bad name. Abercrombie & Fitch  is being sued because its corporate dress code doesn’t allow for Muslim headscarves. As the story explains …

Is the company practicing discrimination if it won’t hire a young woman who covers her head for religious reasons? Yes, according to the Equal Employment Opportunity Commission. Last week the EEOC filed suit against Abercrombie on behalf of Samantha Elauf, a 19-year-old community college student from Tulsa, Okla., who is Muslim. The suit alleges that Abercrombie “refused to hire Ms. Elauf because she wears a hijab.

What is the company’s dress code?  Abercrombie & Fitch flatly told the agency that “under the Look Policy, associates must wear clothing that is consistent with the Abercrombie brand, cannot wear hats or other coverings, and cannot wear clothes that are the color black.”

That doesn’t sound traumatic, does it?  Wear bright colors and leave your hat in your car.  Well …

Elauf is suing for back pay and compensation related to emotional pain and anxiety. “If these allegations are true,” says Chuck Thornton, deputy director of the ACLU of Oklahoma, “they are serious. In this day and age, it’s not acceptable. Certainly, a headscarf is part and parcel of the Islamic experience.”

Oh, I forgot to mention that along with the EEOC, this kind of lawsuit also gives the ACLU a bad name.

Hey, I have nothing against the Islamic experience.  But a company has a right to set a dress code at its stores.  We have a dress code here at my office, otherwise I’d be showing up in my pajamas (and maybe less on casual day).  A&F didn’t say its workers have to be pretty or blonde.  And if her Islamic experience is so important, then maybe she should apply for a job at some trendy Muslim clothing store.

Here’s another question:  If Ms. Elauf can sue for emotional pain and anxiety, can all the millions of Americans who don’t have jobs also sue?  I bet they’re feeling pretty anxious.

You think I’m a hater?  You think I don’t want workers to have rights?   Think again. I think there are very legitimate reasons to sue under the Equal Employment Opportunity guidelines and the Civil Rights Act.  And this kind of lawsuit de-legitimizes the lawsuits over real problems. 

But, eh, she’ll probably win.  More’s the pity.

What’s this have to do with commodities?  Nothing. Back to work, I’m being a slacker!


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{ 9 comments… read them below or add one }

Mtweak 09.24.09 at 8:42 pm

Sean, you’re an idiot

Sean Brodrick 09.25.09 at 8:20 am

Perhaps, but I call ‘em the way I see ‘em.

JEROME GINSBURG 09.26.09 at 10:20 am

YOU ARE RIGHT AND THE EEOC DOES THIS ALL THE TIME. IF THEY FIGHT IT IN COURT THE EEOC WILL PROBABLY NOT WIN BUT FEW FIGHT BECAUSE OF THE COST. THERE ARE RADICALS IN GOVT WHO DO THIS TO PUNISH THE CAPITALISTS.

ckisok 09.27.09 at 10:23 am

Where is the freedom in America nowadays. The race card is being played more and more.
Maybe the religious muslims want American women to be like them, be caged birds in headwraps.
Or maybe this women is just trying to make a quick buck using the court system. I’m sure it won’t cost her anything personally. Hopefully the judge throws it out of court!

Hiiidave 09.29.09 at 12:30 pm

Sean,

As a member of a minority, I understand why the plaintiff may interpret a job rejection
as a discrimination against her religion. However, here her emotions are misdirected.
This is a job in a place that sells fashion, not a back-office programming job where
appearance does not matter. If she is looking to do back office programming,
I can somewhat understand her grief, but even there there is a dress code.
For A&F, I would suggest that she instead go to the best stylist, and put on
some serious make-up just to even get considered.

Sean, you do tell it like it is!! Keep it going.

lilikindsli 09.30.09 at 4:12 pm

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