Case: EEOC v. Abercrombie & Fitch Stores, Inc.

5:11-cv-03162 | U.S. District Court for the Northern District of California

Filed Date: June 27, 2011

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On June 27, 2011, the EEOC, on behalf of a Muslim woman, filed a lawsuit in the Northern District of California under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 against Abercrombie and Fitch Stores, Inc. and Hollister Co. California LLC. The EEOC asked the court for a permanent injunction, compensatory damages, and punitive damages, claiming 1) the defendants failed to accommodate the sincerely held religious belief and the practice of wearing a hijab (head scarf) of the Muslim woman, and 2) the defendants fired the Muslim woman because of her religion, Islam. On September 9, 2011, the Muslim woman filed a complaint as a plaintiff-intervenor, represented by Legal Aid Society - Employment Law Center and the Council on American-Islamic Relations (San Francisco Bay Area chapter), asking the court for a declaratory judgment, injunctive relief, compensatory damages, punitive damages, attorneys' fees, and interest. The plaintiff-intervenor claimed that the defendants unlawfully discriminated against her and discharged her because of her religion, and also failed to accommodate her religion, both under Title VII of the Civil Rights Act of 1964 and California Fair Employment and Housing Act.

In October 2009, the plaintiff-intervenor applied for a job at Abercrombie and Fitch ("A&F") in San Mateo, CA and was told her hijab comported with A&F's "Look Policy." She was hired as a stockroom employee but on February 9, 2010, a manager saw her on the sales floor. On February 15, 2010 she was told by human resources to remove her hijab since it violated the company's "Look Policy." When she explained she could not remove it because of her religious beliefs, she was suspended until further notice. She was told to come back to work on February 22, 2010 but was told to remove her hijab. When she refused to do so stating it was part of her religion, her employment was terminated.

The plaintiff-intervenor filed a Charge of Discrimination with the EEOC and DFEH on March 1, 2010. The EEOC was involved in two other cases with A&F at the time for similar charges. The EEOC and A&F tried settling the case numerous times but to no avail. On June 27, 2011, the EEOC filed this suit. After the plaintiff-intervenor's complaint on September 9, 2011, the court (Judge Edward J. Davila) ordered case management conferences and the parties went through the discovery process for a couple years.

In September 3, 2013, the court (Judge Edward J. Davila) granted plaintiffs' (EEOC) motion for partial summary judgment on the failure to accommodate claim and denied defendants' cross-motion for summary judgment. The defendants did not dispute plaintiffs' prima facie case but stated that accommodating the plaintiff-intervenor would cause undue hardship, or more than a de minimus cost. The defendants did not claim economic harm specifically but said deviating from the "Look Policy" would detract from the in-store experience, negatively affect the brand, and threaten the company's success. The court (Judge Davila) found that the defendants failed to meet their burden because they provided no evidence other than opinion testimony. The defendants then tried a novel commercial speech defense arguing that its employees are like "living advertisements," but the court (Judge Davila) rejected this argument. The court (Judge Davila) also denied defendants' motion for partial summary judgment as to the injunctive relief and punitive damages claims.

On September 19, 2013, the Court approved a stipulated judgment and decree. Among other things, the Court ordered the defendants to not discriminate on the basis of religious accommodation and to reasonably grant requests for religious accommodations. The plaintiff-intervenor received $48,000 for backpay and compensatory damages, a statement of regret, and a letter of reference. The defendants will also be subject to monitoring and reporting. The decree is to be in force for three years.

	Document
5:11-cv-03162	Docket [PACER]	Jan. 22, 2014	Jan. 22, 2014 Docket
1 5:11-cv-03162	Complaint	June 27, 2011	June 27, 2011 Complaint 2011 WL 2536400
28 5:11-cv-03162	Complaint in Intervention for Damages and Injunctive and Declaratory Relief for Employment Discrimination	Sept. 9, 2011	Sept. 9, 2011 Complaint
129 5:11-cv-03162	Order granting partial summary judgment	Sept. 3, 2013	Sept. 3, 2013 Order/Opinion 966 F.Supp.2d 949
170 5:11-cv-03162	Stipulated Judgment and Decree	Sept. 19, 2013	Sept. 19, 2013 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Abercombie & Fitch Stores, Inc. filed by U.S. Equal Employment Opportunity Commission. (vlk, COURT STAFF) (Filed on 6/27/2011) (Additional attachment(s) added on 6/29/2011: # 1 Civil Cover Sheet) (vlkS, COURT STAFF). (Entered: 06/28/2011) 1 Civil Cover Sheet View on PACER	June 27, 2011	June 27, 2011 RECAP
2	ADR SCHEDULING ORDER: Case Management Statement due by 10/12/2011. Case Management Conference set for 10/19/2011 01:30 PM. (Attachments: # 1 Standing Order)(vlk, COURT STAFF) (Filed on 6/27/2011) (Entered: 06/28/2011) 1 Standing Order View on PACER	June 27, 2011	June 27, 2011 PACER
3	Summons Issued as to Abercombie & Fitch Stores, Inc.. (vlk, COURT STAFF) (Filed on 6/27/2011) (vlkS, COURT STAFF). (Entered: 06/28/2011)	June 27, 2011	June 27, 2011 PACER
4	MOTION to Intervene filed by Umme-Hani Khan. Responses due by 7/11/2011. Replies due by 7/18/2011. (vlk, COURT STAFF) (Filed on 6/27/2011) Modified on 6/28/2011 (vlk, COURT STAFF). (vlk, COURT STAFF). (Entered: 06/28/2011)	June 27, 2011	June 27, 2011 RECAP
5	MEMORANDUM in Support re 4 MOTION to Intervene filed by Umme-Hani Khan. (Related document(s) 4 ) (vlk, COURT STAFF) (Filed on 6/27/2011) Modified on 6/28/2011 (vlk, COURT STAFF). (vlk, COURT STAFF). (Entered: 06/28/2011)	June 27, 2011	June 27, 2011 PACER
6	Declaration of Araceli Martinez-Olguin in Support of 4 MOTION to Intervene filed by U.S. Equal Employment Opportunity Commission, Umme-Hani Khan. (Related document(s) 4 ) (vlk, COURT STAFF) (Filed on 6/27/2011) Modified on 6/28/2011 (vlk, COURT STAFF). (vlk, COURT STAFF). (Entered: 06/28/2011)	June 27, 2011	June 27, 2011 PACER
7	Proposed Order re 4 MOTION to Intervene by U.S. Equal Employment Opportunity Commission. (vlk, COURT STAFF) (Filed on 6/27/2011) (Entered: 06/28/2011)	June 27, 2011	June 27, 2011 PACER
8	CERTIFICATE OF SERVICE by Umme-Hani Khan re 5 Memorandum in Support, 7 Proposed Order, 4 MOTION to Intervene, 6 Declaration in Support, (vlk, COURT STAFF) (Filed on 6/27/2011) (vlk, COURT STAFF). (Entered: 06/28/2011)	June 27, 2011	June 27, 2011 PACER
9	FILED IN WRONG CASE. PLEASE DISREGARD.CLERK'S NOTICE re completion of In Forma Pauperis affidavit or payment of filing fee due within 30 days. (vlk, COURT STAFF) (Filed on 6/28/2011) Modified on 6/28/2011 (vlk, COURT STAFF). (Entered: 06/28/2011)	June 28, 2011	June 28, 2011 RECAP
10	NOTICE by U.S. Equal Employment Opportunity Commission of Unavailability of Counsel (Mitchell, Marcia) (Filed on 6/28/2011) (Entered: 06/28/2011)	June 28, 2011	June 28, 2011 PACER
11	CONSENT to Proceed Before a US Magistrate Judge by Umme-Hani Khan.. (Attachments: # 1 Affidavit Proof of Service for Consent to Proceed Before a U.S. Magistrate Judge)(Martinez-Olguin, Araceli) (Filed on 7/5/2011) (Entered: 07/05/2011) 1 Affidavit Proof of Service for Consent to Proceed Before a U.S. Magistrate Judge View on PACER	July 5, 2011	July 5, 2011 PACER
12	CONSENT to Proceed Before a US Magistrate Judge by U.S. Equal Employment Opportunity Commission.. (Attachments: # 1 Certificate of Service)(Peck, Jonathan) (Filed on 7/5/2011) (Entered: 07/05/2011) 1 Certificate of Service View on PACER	July 5, 2011	July 5, 2011 PACER
13	CLERK'S NOTICE TO DEFENDANT RE: Consent or Declination to Proceed before a U.S. Magistrate Judge with deadline set. (ig, COURT STAFF) (Filed on 7/27/2011) (Entered: 07/27/2011)	July 27, 2011	July 27, 2011 PACER
14	CERTIFICATE OF SERVICE TO DEFENDANT of 13 Clerk's Notice re: Consent or Declination to proceed before a U.S. Magistrate Judge (ig, COURT STAFF) (Filed on 7/27/2011) (Entered: 07/27/2011)	July 27, 2011	July 27, 2011 PACER
15	Declination to Proceed Before a U.S. Magistrate Judge by Abercombie & Fitch Stores, Inc.. (Lee, Amarra) (Filed on 7/27/2011) (Entered: 07/27/2011)	July 27, 2011	July 27, 2011 PACER
16	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (vlk, COURT STAFF) (Filed on 7/28/2011) (Entered: 07/28/2011)	July 28, 2011	July 28, 2011 PACER
17	ORDER REASSIGNING CASE. Case reassigned to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by Executive Committee on 7/29/11. (kk, COURT STAFF) (Filed on 7/29/2011) (Entered: 07/29/2011)	July 29, 2011	July 29, 2011 PACER
18	ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 11/10/2011. Initial Case Management Conference set for 11/17/2011 02:00 PM. Signed by Judge Phyllis J. Hamilton on 8/3/11. (nah, COURT STAFF) (Filed on 8/3/2011) (Entered: 08/03/2011)	Aug. 3, 2011	Aug. 3, 2011 RECAP
19	Re-Notice of re 4 Motion to Intervene filed by Umme-Hani Khan. Motion Hearing set for 9/14/2011 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. Responses due by 8/22/2011. Replies due by 8/29/2011. (Ho, Christopher) (Filed on 8/8/2011) Modified on 8/9/2011 (vlk, COURT STAFF). (Entered: 08/08/2011)	Aug. 8, 2011	Aug. 8, 2011 PACER
20	Statement of Non-Opposition re 4 MOTION to Intervene filed byU.S. Equal Employment Opportunity Commission. (Related document(s) 4 ) (Mitchell, Marcia) (Filed on 8/19/2011) (Entered: 08/19/2011)	Aug. 19, 2011	Aug. 19, 2011 PACER
26	ORDER Cases C10-3911 EJD and C11-3162 PJH are NOT related within the meaning of Rule 3-12(a).. Signed by Judge Edward J. Davila on 8/23/11. (cv, COURT STAFF) (Filed on 8/23/2011) (Entered: 08/30/2011)	Aug. 23, 2011	Aug. 23, 2011 RECAP
21	MOTION of Samantha A. Stilp for leave to appear in Pro Hac Vice ( Filing fee $ 275, receipt number 4611007494.) filed by Abercombie & Fitch Stores, Inc.. (Attachments: # 1 Proposed Order)(vlk, COURT STAFF) (Filed on 8/24/2011) (Entered: 08/25/2011) 1 Proposed Order View on PACER	Aug. 24, 2011	Aug. 24, 2011 PACER
22	MOTION of Daniel J. Clark for leave to appear in Pro Hac Vice ( Filing fee $ 275, receipt number 44611007494.) filed by Abercombie & Fitch Stores, Inc.. (Attachments: # 1 Proposed Order)(vlk, COURT STAFF) (Filed on 8/24/2011) (Entered: 08/25/2011) 1 Proposed Order View on PACER	Aug. 24, 2011	Aug. 24, 2011 PACER
23	ANSWER to Complaint byAbercombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Lee, Amarra) (Filed on 8/26/2011) (Entered: 08/26/2011)	Aug. 26, 2011	Aug. 26, 2011 RECAP
24	ORDER by Judge Phyllis J. Hamilton granting 21 Motion for Pro Hac Vice for Samantha Stilp. (nah, COURT STAFF) (Filed on 8/29/2011) (Entered: 08/29/2011)	Aug. 29, 2011	Aug. 29, 2011 PACER
25	ORDER by Judge Phyllis J. Hamilton granting 22 Motion for Pro Hac Vice for Daniel Clark. (nah, COURT STAFF) (Filed on 8/29/2011) (Entered: 08/29/2011)	Aug. 29, 2011	Aug. 29, 2011 PACER
27	ORDER Granting 4 MOTION to Intervene filed by Umme-Hani Khan. Signed by Judge Phyllis J. Hamilton on 9/8/2011. (hlk, COURT STAFF) (Filed on 9/8/2011) (Entered: 09/08/2011)	Sept. 8, 2011	Sept. 8, 2011 RECAP
29	MOTION of Mark A. Knueve for leave to appear in Pro Hac Vice ( Filing fee $ 275, receipt number 44611007569.) filed by Abercombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Attachments: # 1 Proposed Order)(vlk, COURT STAFF) (Filed on 9/8/2011) (Entered: 09/09/2011) 1 Proposed Order View on PACER	Sept. 8, 2011	Sept. 8, 2011 PACER
28	Intervenor COMPLAINT, Demand for Jury Trial, for Damages and Injunctive and Declaratory Relief for Employment Discrimination. Filed by Umme-Hani Khan. (Ho, Christopher) (Filed on 9/9/2011) Modified on 9/12/2011 (kc, COURT STAFF). (Entered: 09/09/2011)	Sept. 9, 2011	Sept. 9, 2011 PACER
30	ORDER by Judge Phyllis J. Hamilton granting 29 Motion for Pro Hac Vice for Mark A. Kneuve. (nah, COURT STAFF) (Filed on 9/13/2011) (Entered: 09/13/2011)	Sept. 13, 2011	Sept. 13, 2011 PACER
31	ANSWER to Intervenor Complaint byAbercombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Lee, Amarra) (Filed on 9/30/2011) (Entered: 09/30/2011)	Sept. 30, 2011	Sept. 30, 2011 PACER
32	MOTION to Appear by Telephone at Case Management Conference filed by Abercombie & Fitch Stores, Inc., Hollister Co. California, LLC. (Attachments: # 1 Proposed Order Granting Motion to Participate in Case Management Conference by Telephone)(Stilp, Samantha) (Filed on 11/3/2011) (Entered: 11/03/2011) 1 Proposed Order Granting Motion to Participate in Case Management Conference by T View on PACER	Nov. 3, 2011	Nov. 3, 2011 PACER
33	ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 11/7/2011) (Entered: 11/07/2011)	Nov. 7, 2011	Nov. 7, 2011 RECAP
34	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Martinez-Olguin, Araceli) (Filed on 11/9/2011) (Entered: 11/09/2011)	Nov. 9, 2011	Nov. 9, 2011 PACER
35	ORDER SCHEDULING TELEPHONIC CASE MANAGEMENT CONFERENCE re 32 MOTION to Appear by Telephone at Case Management Conference filed by Abercombie & Fitch Stores, Inc., Hollister Co. California, LLC. Joint Case Management Statement due by 11/10/2011. Initial Case Management Conference set for 11/17/2011 01:30 PM. Signed by Judge Phyllis J. Hamilton on 11/9/11. (nah, COURT STAFF) (Filed on 11/9/2011) (Entered: 11/09/2011)	Nov. 9, 2011	Nov. 9, 2011 RECAP
36	CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Umme-Hani Khan. (Billoo, Zahra) (Filed on 11/9/2011) (Entered: 11/09/2011)	Nov. 9, 2011	Nov. 9, 2011 PACER
37	Minute Entry: Initial Case Management Conference held on 11/17/2011 before Phyllis J. Hamilton (Date Filed: 11/17/2011), CASE REFERRED to Magistrate Judge Corley for Settlement Conference. Non-Expert Discovery due by 8/1/2012. Disclosure of Experts due by 9/17/2012. Expert Discovery due by 2/8/2013. Dispositive Motions to be filed by 7/10/2013. Final Pretrial Conference set for 12/12/2013 02:00 PM. Jury Selection set for 1/13/2014 08:30 AM before Hon. Phyllis J. Hamilton. Jury Trial set for 1/13/2014 08:30 AM before Hon. Phyllis J. Hamilton. (Court Reporter Not Reported.) (nah, COURT STAFF) (Date Filed: 11/17/2011) (Entered: 11/18/2011)	Nov. 17, 2011	Nov. 17, 2011 RECAP
38	CASE MANAGEMENT AND PRETRIAL ORDER re 37 Case Management Conference - Initial. Signed by Judge Phyllis J. Hamilton on 11/21/11. (nah, COURT STAFF) (Filed on 11/21/2011) (Entered: 11/21/2011)	Nov. 21, 2011	Nov. 21, 2011 RECAP
39	Notice of Settlement Conference and Settlement Conference Order. Settlement Conference set for 4/3/2012 at 09:30 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Signed by Magistrate Judge Jacqueline Scott Corley on 11/30/2011. (ahm, COURT STAFF) (Filed on 11/30/2011) (Entered: 11/30/2011)	Nov. 30, 2011	Nov. 30, 2011 RECAP
40	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Yvonne Gonzalez Rogers for all further proceedings. Judge Hon. Phyllis J. Hamilton no longer assigned to the case. Signed by Judge Gonzalez Rogers on 1/18/12. (vlk, COURT STAFF) (Filed on 1/18/2012) (Entered: 01/18/2012)	Jan. 18, 2012	Jan. 18, 2012 RECAP

Case: EEOC v. Abercrombie & Fitch Stores, Inc.

5:11-cv-03162 | U.S. District Court for the Northern District of California

Case Summary

People

Documents in the Clearinghouse

Docket

Case Details