Abercrombie Fitch Case 350 Words Psychology Homework Help

Reflect: There are two sides to consider in the Abercrombie& Fitch case. On the one hand, we have the job candidate’s side. Shewent to the job interview wearing a hijab. The interviewer did notremark on the hijab, and the candidate also did not volunteer that herreligious beliefs required her to wear a hijab. She was subsequently nothired based on the perception that her appearance was incongruous withthe company’s look policy. For example, caps are not permitted and themale sales associates (referred to as “models” in the company’scorporate language) are often shirtless and in sweatpants in order tocreate the mood at the stores for the aesthetic for which Abercrombie& Fitch has become known: young, preppy, and hormonally charged.When she was notified that she was not hired for the position, she fileda complaint with the Equal Employment Opportunity Commission that, inturn, filed a lawsuit on her behalf alleging a violation of Title VII.

Onthe other hand, we have Abercrombie & Fitch’s side. As a companydoing business in the United States, Abercrombie & Fitch is legallypermitted to hire those employees who fit its look policy. This is nodifferent from the look requirements for the Dallas CowboysCheerleaders, the Chicago Bulls, the New York City Ballet company, orfor jockeys hired by thoroughbred owners to race them at the KentuckyDerby. In all of these cases, there are height, size, and other lookrequirements for employment that are justified by the particular demandsand aesthetics of the position. She was found to be qualified for thejob but her dress was clearly in conflict with Abercrombie & Fitch’slook policy. Yet, the job applicant knowingly sought employment at thisretailer.

According to the law, should a special accommodation berequired due to a religious practice, then Title VII dictates that thelook requirements give way to the religious requirement in order not tobe considered an act of religious discrimination.

The EEOCprevailed in the District Court, but this judgment was reversed by theTenth Circuit on the ground that failure-to-accommodate liability onlyattaches when a job candidate provides the potential employer withknowledge of the need for an accommodation due to religious practice.Once it reached the Supreme Court, the decision was made in favor of thejob candidate. According to Justice Scalia,

Title VII does notdemand mere neutrality with regard to religious practices—that they betreated no worse than other practices. Rather, it gives them favoredtreatment, affirmatively obligating employers not “to fail or refuse tohire or discharge any individual . . . because of such individual’s”“religious observance and practice.” An employer is surely entitled tohave, for example, a no headwear policy as an ordinary matter. But whenan applicant requires an accommodation as an “aspec[t] of religious . . .practice,” it is no response that the subsequent “fail[ure] . . . tohire” was due to an otherwise-neutral policy. Title VII requiresotherwise-neutral policies to give way to the need for an accommodation.

The only dissenting opinion was that of Justice Thomas who wrote:

Mereapplication of a neutral policy cannot constitute “intentionaldiscrimination.”…I would hold that Abercrombie’s conduct did notconstitute “intentional discrimination.” Abercrombie refused to createan exception to its neutral Look Policy for Samantha Elauf ’s religiouspractice of wearing a headscarf… In doing so, it did not treat religiouspractices less favorably than similar secular practices, but insteadremained neutral with regard to religious practices…Resisting thisstraightforward application of §1981a, the majority expands the meaningof “intentional discrimination” to include a refusal to give a religiousapplicant “favored treatment.” … But contrary to the majority’sassumption, this novel theory of discrimination is not commanded by therelevant statutory text.

Write: In the first part of yourinitial post, you will need to introduce the Abercrombie & Fitchlawsuit. In this introduction, you will also need to (1) articulate thefreedoms that companies in the United States enjoy given ourrelatively-free market system and (2) present the Title VII regulationsconcerning employment discrimination. These will provide the setting foryou to be able to examine how the nation’s laws affect the hiringpractices of Abercrombie & Fitch and other companies whose hiringpolicy includes a particular aesthetic for employees.

In thesecond part of your initial post, present your analysis of this case in away that identifies which entities (Abercrombie & Fitch as acorporation, the economic system in the USA, the regulatory control ofthe state, or all of these) have a role in the problem that led to thelawsuit under examination. In your analysis, you must assess thepositive or negative effects of the interplay between business activityand one of the following: the free-market system, advertising, hiringregulations, or corporate social responsibility. Your focus must be anethical analysis of this interplay. Be sure to clearly identify theethical theory that you are applying in your analysis, and to supportyour analysis by reliable and/or scholarly sources.

Requirements for Your Initial Post:

  • Your initial post should be at least 350 words inlength and have citations and references in APA notation. It shouldaddress the prompt in its entirety. This means that you should not splityour response to the prompt in multiple posts. Your examination shouldbe both thorough and succinct. This is a combination that demands timeand thought, so give yourself sufficient time to draft and revise.
  • Pleasebe advised that until you post, you will not see what your fellowstudents are posting. Once you submit your post, you will be able toview the posts from your other classmates. You can then proceed to replyto at least two different threads based on the required material forthis discussion.

Your list of references for your initialpost should include not only the video and the other required materialfor this discussion, as well as the Instructor Guidance and any otherannouncements presented to you by your professor. Use all of thematerial presented to you in the course and by your professor, inaddition to any other sources that you consulted to inform yourselfabout this case (but not Wikipedia or similar sources).

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