Abercrombie & Fitch sued after firing muslim lady

[Texashiker]

In short, company hires muslim lady who wears her headscarf

4 months later the lady is asked to remove her headscarf, she refuses and is fired.

http://www.mercurynews.com/san-mateo-county/ci_18362446?nclick_check=1

How do the human resources people get those jobs? Dont they know they can not fire someone based on their religious beliefs?

For anyone in a basic mangers position, firing someone over something so trivial, they should know whats coming.

 

[DucatiMonster696]

In short, company hires muslim lady who wears her headscarf

4 months later the lady is asked to remove her headscarf, she refuses and is fired.

http://www.mercurynews.com/san-mateo-county/ci_18362446?nclick_check=1

How do the human resources people get those jobs? Dont they know they can not fire someone based on their religious beliefs?

For anyone in a basic mangers position, firing someone over something so trivial, they should know whats coming.

I am pretty sure that A&F have a company policy on attire for their employees because there were previous cases (2010, 2009, etc) if I recall correctly in which other Muslim woman filed suit against them due to being fired/not hired over the same headscarf issue.

 

[Lithium381]

I think if they Okay'd it during the hiring proccess then they should have stuck by it and let her keep it.... otherwise it's a private company and they (should) have the right to declare any dress-code they wish......

 

[Infohawk]

OP is oversimplifying the state of the law on this issue. And regardless of the state of the law, businesses shouldn't have to be constrained by anyone's retarded arbitrary religious beliefs and practices.

 

[a777pilot]

She is a muslim. That in and of itself is reason enough first, not to hire her, then, fire her if need be.

I wonder if this will be adjudicated in a Sharia Court?

 

[Texashiker]

OP is oversimplifying the state of the law on this issue. And regardless of the state of the law, businesses shouldn't have to be constrained by anyone's retarded arbitrary religious beliefs and practices.

Company policy can not override state or federal law.

If the company objected to the headscarf, they should not have hired her to start with.

 

[novasatori]

I wonder if this will be adjudicated in a Sharia Court?

If that happened she would probably be stoned.

 

[PeshakJang]

Company policy can not override state or federal law.

If the company objected to the headscarf, they should not have hired her to start with.

So, which state or federal law are you going to cite that would allow them to not hire her on this basis, but would prevent them from firing her on this basis once hired?

If that is your argument, you'd be able to refuse to hire somebody for being a Muslim, but you couldn't fire them for it.

 

[Texashiker]

So, which state or federal law are you going to cite that would allow them to not hire her on this basis,

For one thing, you never tell applicants "why" they were not hired.

Silence can be mis-interpreted, but never misquoted.

 

[Lemon law]

If that happened she would probably be stoned.

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The outcome could be binary, maybe Abaie and Crombe will get stoned instead.

 

[a777pilot]

..............................

 

[a777pilot]

If that happened she would probably be stoned.

Drugs are bad for you.

 

[classy]

If she got hired wearing her head scarf, then she should be allowed to continue to wear her head scarf. In the article it said she was wearing a hijab. If true I don't see why that should be an issue.

 

[Doppel]

Complex issue. Employers may not be able to fire for religion but they can for clothing choices. Sometimes those overlap and you have this.

For one thing, you never tell applicants "why" they were not hired.

This, too.

 

[spidey07]

Complex issue. Employers may not be able to fire for religion but they can for clothing choices. Sometimes those overlap and you have this.
This, too.

Yep. Not seeing a problem here. If I wore a ball cap to work and didn't remove it I would be fired if repeated offenses.

 

[EagleKeeper]

She is a muslim. That in and of itself is reason enough first, not to hire her, then, fire her if need be.

I wonder if this will be adjudicated in a Sharia Court?

No it is not.

To control a person based on their religious beliefs is unfair and wrong.
One should be able to termination them if their religious beliefs interfere with the performance of their duties.

 

[classy]

Yep. Not seeing a problem here. If I wore a ball cap to work and didn't remove it I would be fired if repeated offenses.

Women wear head pieces and stuff all the time. But she was hired and told it would be okay for her to wear her scarf. I bet they settle, because they will lose this one. While most are employees at will, you can't terminate someone without just cause.

 

[spidey07]

Women wear head pieces and stuff all the time. But she was hired and told it would be okay for her to wear her scarf. I bet they settle, because they will lose this one. While most are employees at will, you can't terminate someone without just cause.

Just cause would be insubordination and denying a direct order. Try telling your employer "nope, not going to do what you want". And you don't need a reason to fire anybody. "we don't like you" is reason enough.

 

[classy]

This is what it looks like. I don't see the real problem here.

 

[classy]

Just cause would be insubordination and denying a direct order. Try telling your employer "nope, not going to do what you want". And you don't need a reason to fire anybody. "we don't like you" is reason enough.

But she was hired with it and told it was okay to wear. Just the fact she was hired with it will easily be proof enough she had the right to wear it. And yes you do have to have reason to fire someone. Employment at will does have rights.

 

[spidey07]

But she was hired with it and told it was okay to wear. Just the fact she was hired with it will easily be proof enough she had the right to wear it. And yes you do have to have reason to fire someone. Employment at will does have rights.

Policies can change, she was asked not to and didn't comply. You're fired. I'm not being obtuse, but I see nothing wrong here at all. If I didn't adhere to proper dress attire, I expect to be fired even if that policy has changed on a whim.

Maybe there were multiple customer complaints about her jihadi dress?

 

[Infohawk]

This is what it looks like. I don't see the real problem here.

A&F are marketing clothes. The Muslim headscarf is not part of their style and it shouldn't have to be.

 

[Cerpin Taxt]

In principle I don't have a problem with private companies having the freedom to define codes of dress for their employees. That said, I think if a girl had been fired for refusing to remove a Christian cross around her neck, a lot of the same people defending the company in this case would be at its doors with torches and pitchforks.

 

[Texashiker]

Just cause would be insubordination and denying a direct order. Try telling your employer "nope, not going to do what you want". And you don't need a reason to fire anybody. "we don't like you" is reason enough.

Religious expression / freedom of religion overrides company rules.

The company hired her with a headscarf, it did not interfere with her job duties, there was no reason to fire her.

She was probably fired because she is muslim. Anger with the muslim community runs deep in the USA.

I think the company was wrong, and hope they have to pay the lady very well.

 

[classy]

A&F are marketing clothes. The Muslim headscarf is not part of their style and it shouldn't have to be.

Honestly what point are you trying to make here?