Religious Discrimination Based on Abercrombie "Look Policy"

A federal court in Oklahoma recently found an Abercrombie Kids store (a brand of Abercrombie & Fitch Stores, Inc.) liable for religious discrimination because the store did not hire a Muslim applicant who wore a headscarf during a job interview. Interestingly, the court found for the EEOC on summary judgment meaning that, as a matter of law, there was no possible way a jury could have found that Abercrombie had not discriminated against the applicant. A jury will be empanelled to determine damages.

Abercrombie stores follow a "Look Policy" that requires sales employees (called "models") to dress in clothes consistent with clothes and shoes sold in the store, prohibits employees from wearing caps, and in other ways requires models to embody the Abercrombie brand. Applicants are not required to comply with the Looks Policy when they interview, but must do so if hired.