Employability Discrimination
Abercrombie & Fitch
''We were supposed to approach someone in the mall who we think will look attractive in our store. If that person said, 'I never worked in retailing before,' we said: 'Who cares? We'll hire you.' But if someone came in who had lots of retail experience and not a pretty face, we were told not to hire them at all.'' - Mr. Serrano, former employee.
Samantha Elauf, was interviewed in a store in Tulsa in 2008 for the role of a sales worker, or "model". She has been a practising muslim wearing a hijab since the age of 13. After wearing her hijab to the interview she was told she would not be hired after scoring low on "appearance and sense of style" and that employees were not allowed to wear 'hats' at work.
The company was sued by EEOC on her behalf, and the judge ruled against the Abercrombie & Fitch. However that decision was reversed, with their attorney arguing that "It is undisputed that Samantha Elauf did not inform Abercrombie that her religious beliefs required her to wear a headscarf when she was at work. It is axiomatic that an employer must have actual notice that an applicant’s mandatory religious practices conflict with an employment requirement"