Abercrombie Can't Prove Hijab Hurt Sales, EEOC Says

Law360, San Francisco (June 18, 2013, 8:12 PM EDT) -- The U.S. Equal Employment Opportunity Commission urged a California federal judge Tuesday to find that Abercrombie & Fitch Stores Inc. wrongly failed to accommodate a Muslim employee's headscarf, arguing that the retailer has no evidence that the worker's hijab harmed its reputation or sales.

The EEOC, representing former Abercrombie & Fitch employee Umme-Hani Khan, argued that U.S. District Court Judge Yvonne Gonzalez Rogers should grant partial summary judgment finding the retailer liable for religious discrimination. Abercrombie and Fitch also failed to complete a pre-litigation conciliation process, and didn't show Khan's headscarf caused the chain undue hardship or infringed its right to...

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