Federal Appeals Court Strikes Down Obama Inc’s Claim that Hijab Ban is Discriminatory

Daniel Greenfield, a Shillman Journalism Fellow at the Freedom Center, is a New York writer focusing on radical Islam. He is completing a book on the international challenges America faces in the 21st century.


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Islamic activists have been making big inroads for in America for the repression of women by filing lawsuits that push the Hijab, one of the many Islamic headcoverings, as a human rights.

Obama Inc’s pet EEOC personnel have scored victories in their Hijab Jihad against Disney and Abercrombie and Fitch. But now they have suffered a setback.

The woman, Samantha Elauf, applied for a job at an Abercrombie & Fitch store in a Tulsa, Oklahoma mall in 2008. The company, which focuses on hip casual wear for consumers aged 18 to 22, has a policy against head covers of any kind for its employees. According to the EEOC it amounts to discrimination based on religion and that violates Title VII of the Civil Rights Act of 1964. Employers are required to accommodate the sincere religious beliefs or practices of employees, the agency says, unless doing so would impose an undue hardship on business.

A federal judge in Oklahoma agreed, ruling in 2011 that the law imposes an obligation on the employer to accommodate the religious practices of an employee or prospective employee unless it would result in undue hardship on the conduct of its business. In his order the U.S. Chief District judge, Gregory Frizzell, said the store violated Elauf’s civil rights when it didn’t hire her. Elauf was awarded $20,000 in damages and the EEOC bragged that the court sent a clear message to employers.

But the retailer appealed and this week the Denver-based Tenth Circuit Court of Appeals reversed the ruling in favor of the EEOC, saying the store’s policy is not discriminatory, but rather intended to promote and showcase its brand, which “exemplifies a classic East Coast collegiate style of clothing.”

Additionally, the federal appellate court found that Elauf’s religious headscarf only became an issue after she was ruled out as a candidate. “Ms. Elauf never informed Abercrombie prior to its hiring decision that she wore her headscarf or `hijab’ for religious reasons.”

Other Hijab Jihad victories have been scored, but this sets a contrary precedent that a business does have the right to control the look of employees who represent a brand.

The EEOC’s witness on behalf of the Hijab was apparently John Esposito, the director of Georgetown University’s Prince Alwaleed bin Talal Center.

Esposito is funded by Saudi money and Saudi Arabia has been aggressively pushing the Hijab Jihad against women abroad. He is notorious for his Islamist ties and support for terrorists.

Saudi Arabia has been absolutely ruthless about enforcing its Jihad against women. At the cost of women’s lives.

Saudi Arabia’s religious police stopped schoolgirls from leaving a blazing building because they were not wearing correct Islamic dress, according to Saudi newspapers.

According to the al-Eqtisadiah daily, firemen confronted police after they tried to keep the girls inside because they were not wearing the headscarves and abayas (black robes) required by the kingdom’s strict interpretation of Islam.

One witness said he saw three policemen “beating young girls to prevent them from leaving the school because they were not wearing the abaya”.

The father of one of the dead girls said that the school watchman even refused to open the gates to let the girls out.

The Saudi enforcement of the Hijab or other headcoverings are routine. Now Obama’s EEOC used a Saudi agent to enforce them in America. Is this really what equality means?

  • noel

    Sounds like the kind of change the obama regime could get behind

    • Michael Garfinkel

      Which president said: “The future must not belong to those who slander the prophet of Islam.”

      a) Geroge Washington
      b) Thomas Jefferson
      c) Harry Truman
      d) Woodrow Wilson
      e) Barack Hussein Obama

      Enough said.

  • DogmaelJones1

    The fundamental issue is an employer’s right to hire or fire employees based on his values, not the government’s or the EEOC’s. For example, if I don’t want someone wearing a Kiss T-shirt or a hijab stepping into my home or onto my property, that’s my business, not anyone else’s.

    • ziggy zoggy

      Yes. Every time judges argue otherwise they are breaking the law.

      And these islamopithecines sue over this because they are trying to impose their religion and culture on us. It’s their version of gay marriage.

  • Blake

    islam is a cancer on the planet.

    • ziggy zoggy

      Yeah, and it started in Arabia – the planet’s @$$.

      • defcon 4

        The biggest beachfront country in the world — it’s all sand!

        • Blake

          see those muslim women swimsuits? hilarious! shows too much of their eyes though

  • Veracious_one

    I remember the Muslim schoolgirl incident…

    MECCA – Saudi Arabia’s religious
    police are reported to have forced schoolgirls back into a blazing building
    because they were not wearing Islamic headscarves and black robes.

    15 little girls died….

  • Gee

    The Hijab is not in the Qur’an. It is a cultural article of clothing, not a religious requirement. Muslim in various countries do not all wear a Hijab. This is just another example of taqiyya.

    • objectivefactsmatter

      It’s an Islamic tool of submission for women and in some cases, submission from another culture in phases.

    • defcon 4

      Islam is more than just the Quran. Islam consists of a trilogy of holey books.

      • Mister Natural

        so you’re an expert on “holey” books.
        how about “HOLY” books.
        it must be your head that is holey

        • defcon 4

          Waaaaaaaaaa, another muslime whines. Maybe you can go chop a few infidel/kufr heads to heal your pain hajji.

  • ziggy zoggy

    Esposito is a piece of trash. When I read about him in “Ivory Towers on Sand: The Failure of Middle Eastern Studies in America,” by Martin Kramer, I thought he was just another P.C. professor who was incompetent to teach in his chosen field of study. Every single prediction and description he and his colleagues have made about Islam and islamopithecines over the years have been wrong. Outrageously wrong. I used to think he was just another leftist whining about Western colonialism and phony grievances.

    But no. He is lying deliberately about Islam and trying to hide its true nature. He is trying to aid Islam as much as he can – just like Obama. I’m not surprised they’re working together to push hijabs as a civil and religious right. They are both working with the Saudis.

    • Dave

      Agreed ZZ. the world is becoming a frightening place. Has it always seemed so? Or are these truly the end-times?