Abercrombie & Fitch is having a hard time proving in court that the Muslim headscarf worn by an employee who was fired in 2010 hurt the clothing company’s sales, Law360 reports.
On Tuesday, when a federal judge in California pressed attorney Mark Knueve, who is representing Abercrombie, if he or any of his witnesses had financial records to show the woman’s hijab hurt sales, Knueve said he didn’t.
“A defendant says we’re harmed but provides no real evidence?” Judge Yvonne Gonzalez Rogers retorted, according to the report. “And you want me to grant summary judgment [in your favor]?”