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...This case could hinge on a jury's interpretation of the phrase "undue hardship." If Abercrombie & Fitch had made an exception of its Look Policy for Elauf - a "reasonable accommodation" - would that move have hurt the Abercrombie brand? On the surface, that argument seems specious, at best. Would shoppers at that Abercrombie Kids store have been so jarred by the hijab that they wouldn't have bought the company's jeans? If the company makes that case, it doesn't think much of the religious tolerance of the good folks of Oklahoma. (Read "Abercrombie & Fitch: Worst Recession Brand...
Still, this case is far from a lock for Elauf. "You can't give a blanket statement that this clearly violates her rights," says Schwab. "Employers often win cases involving dress codes. There's a general feeling that employers are entitled to set an image in their stores." If a company sells sex - you can sometimes find a shirtless male model hanging out in front of Abercrombie stores - let's face it, head coverings aren't ideal...
...matter how the suit turns out, Abercrombie & Fitch doesn't need another headache. The company just announced more dismal sales figures: August same-store sales declined 29%. In 2004, the EEOC sued Abercrombie for limiting its hiring of minorities; that case was settled for $50 million. A British woman sued the company for discrimination after Abercrombie's management allegedly shunted her to the stockroom for wearing a cardigan to cover her prosthetic arm. In August, a tribunal awarded her nearly $15,000. The EEOC has also sued Hollister, a teen retailer owned by Abercrombie, for allegedly firing a Pentecostal worker...
...Elauf, she is under attorney's orders to keep quiet about the case. But her grandfather, Ata Elauf, is clearly irked. "They put a wedge into her Americanism," says Elauf. "She grew up here speaking the language, going to school. Why did they do this? She's sort of confused...
...that a conviction will be difficult. Sarkozy, who will be represented by his lawyer in court because of constitutional restraints, has publicly said he wants to see the people responsible for Clearstream "hanging from a butcher's hook." That's one reason he became a civil party to the case. Another may well be his belief that a guilty verdict for de Villepin could be the only way to rid himself of the one conservative rival who has ceaselessly criticized his record as President...