Abercrombie and Fitch Case Analysis
Abercrombie & Filch is a fashion company that has been dogged by numerous lawsuits and cases regarding employee discrimination. The company has been accused of discriminating employees based on race and appearance. Since the turn of the 21st century, Abercrombie has been slapped with numerous lawsuits concerning employee discrimination on various grounds. This paper will conduct an in-depth analysis of these cases and provide relevant responses.
Appearance
Regarding appearance, Abercrombie’s CEO, Mike Jeffries, has been accused of favoring “thin, tall, and white models” over the “not so good-looking” staff. Moreover, Abercrombie reportedly does not allow staff to put on scarves or hijabs worn by Muslim women. This rule is so strict that Samantha Elauf, a Muslim, was denied employment because she insisted on putting on the hijab. In a candid testament, Jeffries said that his company only goes after the attractive all-American student with a great personality and a lot of friends. He went on to say that his company had a dress code, just like most of the other companies. As such, he reckoned that there is nothing discriminatory about Abercrombie stance on appearance.
Abercrombie has crossed the line in its attempt to regulate worker appearance. The company clearly views people of color as disabled and unfit to work in the company. This is in opposition to the Americans with Disabilities (ADA) of 1990. This law stipulates that qualified individuals working in state and local governments and in the private sector should not be discriminated on the basis of their disabilities (Feinmnan 582). Also, Abercrombie should recognize the importance of cultural diversity in the workplace. In this sense, Muslim women need to be given the freedom of upholding their cultural values by putting on the hijab. A rich cultural diversity within Abercrombie will most likely result in the development of exotic fashion designs which appeal to people in foreign markets.
Racism
Apart from appearance issues, Abercrombie has also been dogged by racism allegations. According to one employee, most of Black models are usually sent home earlier than usual in case Jeffries plans to visit. In the hiring process, Abercrombie deliberately discriminates against Blacks, Asians, and Hispanics by going for people with “classic American” looks. Moreover, people of color are usually designated to work in stockroom instead of working on the sales floor. Just like discrimination based on appearance, racism also appears to be a standard issue at Abercrombie. Employees are openly discriminated against based on the color of their skin instead of their level of skill and expertise.
This racial discrimination is in violation of the Civil Rights Act (CRA) of 1964 (Feinmnan 586). Title VII of this act stipulates that individuals should not be discriminated based on their sex, race, natural origin religion or color (Feinmnan 586). Abercrombie claims to base its racial prejudice on its business model which favors the “classic American” look over that of minority groups. This is a preposterous way of judging looks and should face the full force of the law. Gone are days when people were judged based on the color of their skin.
Lawsuits
Abercrombie has been faced by numerous lawsuits due to practices that many consider unethical. To cater for a specific market, the company has utlized different branding and marketing strategies which have not appealed to a broad base of customers. Abercrombie has also been sued for preferentially hiring non-white staff to serve in the stockrooms instead of being on the sales floor. This tonne of lawsuits has cost the company over $40 million to plaintiffs and over $4 million in legal fees in 2004 alone.
The costs of these lawsuits can entirely be attributed to the actions of the company itself. By treating non-white staff as backroom workers, Abercrombie is simply bringing back the days of slavery into today’s world. Under federal law, each and every individual has the right to be treated equally and fairly. Actually, it is the mission of the Department of Homeland Security (DHS to foster individual fairness, equality and liberty under federal law (Department of Homeland Security). Therefore, by designating non-white staff to work in stockrooms, Abercrombie is violating basic human rights of fairness and equality. To minimize its lawsuits and costs thereof, the company needs to start taking a closer look at the civic rights of each worker.
In conclusion, Abercrombie’s discrimination against its employees based on their race and appearance is entirely criminal. The company should begin to realize the beauty of cultural diversity and its role in the overall success of the company. Accommodating people from different cultures will bring about a new mix of ideas which might take the company to new heights. Abercrombie’s case should be a lesson to other companies out there with similar practices.
Works Cited
Feinmann, J. "Human Resource Development." American Journal of Legal History (2010): 118(1), 578-601.
Walters, Kyla. "Mall models: how Abercrombie & Fitch sexualizes its retail workers." Sexualization, Media, and Society (2016): 2(2). 10-34. Print.
