A former stockroom worker for Abercrombie & Fitch Co. sued the clothing retailer in federal court Monday, saying she was illegally fired after refusing to remove her Muslim headscarf while on the job.

Hani Khan said a manager at the company's Hollister Co. store at the Hillsdale Mall in San Mateo hired her while she was wearing her hijab. The manager said it was OK to wear it as long as it was in company colors, Khan said.

Four months later, the 20-year-old says a district manager and human resources manager asked if she could remove the hijab while working, and she was suspended and then fired for refusing to do so.

It's the latest employment discrimination charge against the company's so-called "look policy," which critics say means images of mostly white, young, athletic-looking people. The New Albany, Ohio-based company has said it does not tolerate discrimination.

Still, Abercrombie has been the target of numerous discrimination lawsuits, including a federal class action brought by black, Hispanic and Asian employees and job applicants that was settled for $40 million in 2004. The company admitted no wrongdoing, though it was forced to implement new programs and policies to increase diversity.

"Growing up in this country where the Bill of Rights guarantees freedom of religion, I felt let down," Khan, now a college student studying political science, said at a news conference. "This case is about principles, the right to be able to express your religion freely and be able to work in this country."

Abercrombie defended its record in a comment provided to The Associated Press, saying diversity in its stores "far exceeds the diversity in the population of the United States."

"We comply with the law regarding reasonable religious accommodation, and we will continue to do so," said Rocky Robbins, the company's general counsel. "We are confident that when this matter is tried, a jury will find that we have fully complied with the law."

The lawsuit filed in U.S. District Court in San Francisco comes after the Equal Employment Opportunity Commission ruled in September that Khan was fired illegally. Khan's lawsuit was filed in conjunction with the EEOC's lawsuit.

It is not the first time the company has been charged with discriminating against Muslim women over the wearing of a hijab.

In 2009, Samantha Elauf, who was 17 at the time, filed a federal lawsuit in Tulsa, Okla., alleging the company rejected her for a job because she was wearing a hijab. That case is still ongoing.

The EEOC filed another lawsuit for the same reason, saying the company denied work to a hijab-wearing woman who applied for a stocking position in 2008 at an Abercrombie Kids store at the Great Mall in Milpitas, Calif.

Khan's attorney said her client is looking to get Abercrombie to change its "look policy" to allow religious headscarves to be worn by employees, and for unspecified damages. The lawsuit alleges violations of federal and state civil rights and employment laws.

"Abercrombie prides itself on requiring what it calls a natural classic American style. But there's nothing American about discriminating against someone because of their religion," said Araceli Martinez-Olguin, an attorney with the Legal Aid Society-Employment Law Center.

"Such a look policy cannot be squared with our shared values. No worker should have to choose between their religion and their job

Why do people just like complicating things. If Abercombie & Fitch does not want you to wear your Hijab it's their perogative to do so. She should go and work in an all muslim company What the F.

While did they hired her in the first instance? This is unfair.

seanet02:

While did they hired her in the first instance? This is unfair.

Life generally is unfair. If they had known that she would be wearing her Hijab they wouldn't have hired her in the first place.

^^did you even read the first post?!
they knew she was wearing a hijab when they hired her WHILE she was wearing a hijab, and she wore it for 4months BEFORE they asked her to remove it.
store manager hired her and all was well, district manager had a problem with it and fired her.

llullipup:

Hani Khan said a manager at the company's Hollister Co. store at the Hillsdale Mall in San Mateo hired her while she was wearing her hijab. The manager said it was OK to wear it as long as it was in company colors, Khan said.

Four months later, the 20-year-old says a district manager and human resources manager asked if she could remove the hijab while working, and she was suspended and then fired for refusing to do so.

Her manager was wrong, the district manager was right. The company has a dress code, a uniform. She was violating the uniform.

^^i doubt that the company dress code says that you CANT wear a hijab.

I salute her courage.oo jare

Afam, let not your hatred for muslims and anything Islam cloud your judgement. She has been  working for the company with her hijab hasnt she? Perhaps u should ask yourself why the sudden change in company's decision.

Everyday the human rights and voices of minorities are snickingly trampled upon by companies, especially in the western world in the name of "company rules and regulations". I dont know where u r or wut u do, but if ur comments are not based on religion sentiments and you live and work in the west, then you probably are one of those lily livered black men who wont dare fight for their right. Those who'll even dress , jump and dance  like a clown in front of your co-worker, should your white boss come up with a company policy ordering you to do so. Mscheeeewwwww

she should go and apply for job in mecca, medina, islamabad, ibadan, ogbomosho, kano or kaduna, these are all muslim cities where she can wear her ninja costume without harassment.

You want freedom in the west but ur bros no dey gree make dem stop to dey turn human C4, Anuofia

@igbo boy there's a way you argue your point without offending other. Try and respect other view and believe

olawalebab:

@igbo boy there's a way you argue your point without offending other. Try and respect other view and believe

nna hapu mu/free me, we live in a free world i can air my views, you can air your views too. oh my bad i forgot u are muslim and you guys dont take criticism u guys just bomb anybody with a dissenting view

Immigrants to the United Kingdom, who feel that the TRADITIONAL British manner of dress is not for them, should be politely shown the deportation door, and then unceremoniously booted through it unto the next available livestock or cargo flight to any camel herding nation whose name bears the -ISTAN suffix, where the masquerader cults can happily reside till hell freezes over, to the great relief and joy of the UK's long-suffering majority who roundly object to costume-fixated folks swarming over and then trying to change their way of life by loud imposition.

Well they took her on before
She'd being unfairly dismissed then

lots of discrimination on both side lol

igbo b.oy:

nna hapu mu/free me, we live in a free world i can air my views, you can air your views too. oh my bad i forgot u are muslim and you guys dont take criticism u guys just bomb anybody with a dissenting view

no comment

There's a saying that "when in rme behave like the romans". What exactly was this woman expecting. I'd do this same thing if i was in the shoes of the administration of that company. This has nothing to with with my hate for muslims. I don't hate muslims. I love them like i love myself but this woman was dead wrong.

^^^BWAAAAAH!!!!! how was this woman wrong?!

1) she went to apply for a job in a company that BOASTS (all over the media) to not discriminate anyone because of their race/religious beliefs or se.xual orientation.

2) she went to the job interview of that said job, with her hijab on, AND THEY HIRED HER.

3) she worked for 4months and there was absolutely NO PROBLEM.

why would you think SHE did something wrong? if they had a problem with her hijab they shouldnt have hired OR posted all over the media that they dont discriminate possible employees.

if anyone was wrong in this saga, then it is the manager who hired her. he is the one who believed the policies of the company, not knowing that it was all BS.

Afam, this is hypocrisy, did they not saw the Hijab on her head when she was interviewed? Why do you like being partial always?