Federal law requires employers to accommodate head scarves, also called hijabs, as well as prayer breaks and other practices based on sincere religious beliefs unless doing so would impose an undue hardship on the employer.
“Abercrombie just decided they’re not going to comply with the law requiring religious accommodation,” said William R. Tamayo, regional attorney of the commission’s San Francisco office. “Their intolerance is off the charts.” Last year, the commission also sued Abercrombie for refusing to hire a 17-year-old wearing a hijab at a store in Tulsa, Okla.
Ronald A. Robins Jr., Abercrombie’s general counsel, said the company disputed both claims, adding that the retailer “makes every reasonable attempt to accommodate the religious practices of associates and applicants, including, when appropriate, allowing associates to wear a hijab.”
In 2004, Abercrombie agreed to pay $40 million to settle an E.E.O.C. lawsuit charging it with racial bias against Asian, black and Hispanic employees, many of whom said they had been steered to low-visibility, back-of-the-store jobs.
At Swift, the meatpacker, the charge of discrimination dates back to 2008, when Somali workers complained that the restroom had profanity-laced anti-Muslim graffiti, that their prayer breaks were often interrupted and that the company would not move their meal breaks to right after sundown during the month of Ramadan, when Muslims fast during the day. After Muslim employees staged a walkout, the company fired all the protesters, the commission said.
Chandler Keys, a Swift spokesman, declined to discuss the lawsuit, but said that since 2008, the company has had no similar incidents. “We’ve worked closely and diligently with the East African community and other groups to avoid a recurrence of such problems,” he said.
Sometimes sharp disputes arise over whether employers have done enough to accommodate Muslim employees.
Imane Boudlal, a 26-year-old from Casablanca, Morocco, had worked for two years as a hostess at the Storytellers Cafe at Disneyland in Anaheim, Calif., when she decided she would begin wearing her hijab at work during Ramadan last month. Ms. Boudlal said her supervisors told her that if she insisted on wearing the scarf, she could work either in back or at a telephone job. She refused and has not worked while the dispute continues.
Disney officials said her head scarf clashed with the restaurant’s early-1900s theme, and they proposed a period hat with some scarf that would fall over her ears. Ms. Boudlal rejected that as un-Muslim. “They wanted to hide the fact that I looked Muslim,” she said.
Michael Griffin, a Disney spokesman, said the company’s “cast members” agree to comply with its appearance guidelines. “When cast members request exceptions to our policies for religious reasons, we strive to make accommodations,” he said, adding that Disney has accommodated more than 200 such requests since 2007.