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Equal Employment Opportunity Commission vs. Abercrombie & Fitch The case of Equal Employment Opportunity Commission (EEOC) vs. Abercrombie & Fitch began in October of 2014. Samantha Eulaf, a practicing muslim woman, interviewed for a job at one of the storefronts of the corporation, Abercrombie & Fitch. Following the interview, Eulaf was not hired due to her headscarf which was not acceptable in the guidelines of the store’s look policy. The EEOC then stepped in to speak on Eulaf’s behalf claiming that Abercrombie violated Title VII of the Civil Rights Act of 1964. Title VII prohibits an employer from refusing to hire an applicant because of the applicant's religious practice when the practice can be accommodated without undue hardship. The first court to examine the case was the District court of Oklahoma. In February of 2015, the district court granted summary judgement to the EEOC which in turn did not result in a full trial. Contrary to
Abercrombie & Fitch has been scrutinized for countless years for objectifying women and religious discrimination. If the United States government makes a law such as Title VII, then it should be followed and should have consequences if not. Abercrombie & Fitch was not held completely accountable by district court of San Jose. There should be no wiggle room for companies, especially when it comes to islamic discrimination. Abercrombie & Fitch stated they would revise their look policy when in reality they did nothing to change the environment their employees work in. The store needs to refile and reexamine their policies and stipulations. If the company cannot accommodate a growing acceptance of religion in America, then perhaps they should not be in business. I have a growing dislike for the company as I examine their previous lawsuits and cases of discrimination and
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
The case Meacham v. Knolls Atomic Power Laboratory did in fact uphold the jury's findings that employees who are on the older side had lost their jobs through a layoff plan. This discrimination was unintentional. However, the policy did have an impact that was deemed discriminatory and the firm could have reached its goals through a different method that would not effectively discriminate. The reason for the suit had to do with the fact that thirty of thirty-one people who were laid off were over the age of forty. There were 26 plaintiffs who did go to trial while some of the others settled with the company on their own. In the end, the jury awarded plaintiffs a total award of $4.2. The case was appealed and at the time, Knolls argued that the law really does not allow disparate impact claims, citing Hazen Paper Co. v. Biggins, 507 U.S. 604 (1993), where a claim involved disparate treatment and what was needed was proof of intentional discrimination. The Court claims that the Hazen Paper Court had not resolved the appropriate use of ADEA in terms of disparate impact. It was further stated that the decisions to come from other circuits do not necessarily overrule prior cases. The idea that disparate impact claims may not be allowed under ADEA is therefore rejected.
The federal court rejected dismissed Franklin’s case, because Title IX did not allow for monetary relief, The Eleventh Circuit Court of Appeals agreed with the court’s
In accordance with Title VII of the Civil Rights Act of 1964, any hiring, terminating, and other terms and conditions of employment utilized as means of religious discrimination against an employees is prohibited. Unless, the workers religious request was causing their employer undue hardship. These acts are mandated that employers reasonably accommodate their full time employees’. Reasonable
In December 2003, Abercrombie and Fitch decided to stop issuing its quarterly magazine, which it had published in addition to its catalogs since 1997. In a statement issued at the time of the recall, Abercrombie said, "While it has enjoyed success with the Quarterly over the years, the company believes it is time for new thinking and looks forward to unveiling an innovative and exciting campaign in the spring." "We just felt it was time to retire it and come back with something that has beautiful imagery and classical photos," said Hampton Carney, company spokesman, in the Times. "... But that doesn't mean they're going to go totally conservative and lose their nerve. According to CNN.com, Abercrombie said that the recall of the magazine was due to the need for counter space for a perfume, but opponents of the catalog are saying that it was in response to protests against its racy content, such as nude models and articles about sex. Criticism is not new to Abercrombie's marketing strategies; groups such as the National Coalition for the Protection of Children and Families, the American Decency Association, and the Focus on the Family organization have protested against its sexual content for several years, according to the New York Times.
In today’s world, the American still has barriers to overcome in the matter of racial equality. Whether it is being passed over for a promotion at the job or being underpaid, some people have to deal with unfair practice that would prevent someone of color or the opposite sex from having equal opportunity at the job. In 2004, Dukes vs. Wal-Mart Stores Incorporation was a civil rights class-action suite that ruled in favor of the women who worked and did not received promotions, pay and certain job assignments. This proves that some corporations ignore the 1964 Civil Rights Act, which protects workers from discrimination based on sex, race, religion or national origin.
In Jean Kilbourne's documentary “Killing Us Softly 4”, she gives multiple detailed examples of advertisers making women a sexual object which leads to society dehumanizing the female species. As well as this, they are finding younger and thinner women to use, even photo-shopping their models to unrealistic body shapes; warping the average women's view of what she should look like. American Apparel's founder and CEO Dov Charney himself stated that he had worked hard to acquire the provocative image they have today and that he purposefully created ads that were “soaked in youth and sex” (Chauduri). The company insists that they are simply “open about sexuality” and should not be persecuted for it (Chauduri). While sex is more prominent and less taboo than it has been in society, there is a definite line between more “open” about sexuality, and abusing the sexual side of men and women. By “open about sexuality” Dov Charney and American Apparel actually mean that they are going use extremely young women in promiscuous positions to sell their clothing, despite the fact that the...
Walmart is a multi-billion dollar retail industry that hires thousands of employees a year. Over the last decade Walmart, there has been some speculation that Walmart discriminates against women. They employ 815,000 women, which is 57 percent of its U.S. workforce (Reed). Over 2,000 women from each of 48 states have filed legal complaints against Walmart and the company is said to have a history of unfair treatment of these female employees by under paid and how there are so many lawsuits against them given few opportunities for advancement (Hines). I selected this topic because after doing some research I discovered some shocking information about how Walmart supposedly treats their female employees and how there are so many lawsuits filed against them. This relates to my field of study because it shows what goes on internally between a company and its employees and how a company’s decision affects their employees. This also relates to my field of study because it an example of what occurs sometimes within a company and that is legal action from employee to the employer.
A precedent case changed the way several businesses handle EEOC grievances. In the case of Arbaugh v. Y&H Corp, a female employee brought a lawsuit against her former employer claiming she had been sexually harassed and a lower court jury found in favor of the employee and award her punitive and compensatory damages. The employer did not realize an exclusion from the Civil Rights Act of 1964 applied to the business due to the small number of employees on the payroll. The Supreme Court found that even though Y&H Corp. did not employ fifteen or more employee it did not preclude a federal district court from hearing the complaint. This case directly influences the relaxed rules related to the Civil Rights Act for smaller businesses. A component of the thought behind a different level of enforcement for small businesses is they cannot handle the monetary implications of higher standards. Since this case in 2006, employers routinely make the applicable enforcement agency aware they fall below the employee threshold and this has provided an enhanced level of protection (Gentry, Robinson, Dibrell, & Franklin, 2013). This has not mitigated the risk that the EEOC will find a small business has violated Title VII and the business owner must appear in court to provide evidence they are a covered employer. The Arbaugh case created
The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces the federal laws, policies and regulations as it relates to employment discrimination. Over the course of years, Title VII has been amended to reinforce its prohibitions to include pregnancy as a type of gender discrimination, jury trials, compensatory damage and punitive damages. Its amendments have also strengthened the enforcement policy of the EEOC. An employer and employee need to be aware of those areas that are and are not covered by Title VII. It applies to employers, unions, joint labor and management committees as well as employment agencies whose functions include referral and training decisions among others. It applies to all private, federal, state and local governments who employ 15 employees or more. An employer with less than 15 employees is not required to comply with the guidelines set by Title VII. Title VII covers all levels and types of employees. In 1991, the act was further extended to include United States (U.S.) citizens who are employed outside of the U.S. for American employers. Non U.S. citizens are also protected as long as they are employed in the U.S. Title VII however, does not a...
For example, Abercrombie & Fitch was charged with racial discrimination, for only hiring caucasian employees or with that “All American Look”. It is verbally expressed that any race can be hired at Abercrombie, but people who weren't preppy and caucasian worked in the back where they could not be optically discerned. I thought we lived in the Cumulated States “the land of the free” but for a company to represent racial discrimination is just wrong. People can't control how they look just like how they can't control the color of their
The 1964 Civil Rights Act created the United States Equal Employment Opportunity Commission, also known as the EEOC. One of the primary jobs of the EEOC is to uphold the rules and regulations that were laid out by Title VII of the Civil Rights Act. According to the EEOC’s webpage, “Title VII covers private, most pu...
Schipani, C. (2013). Class Action Litigation After Dukes: In Search of a Remedy for Gender Discrimination in Employment. University of Michigan Journal of Law Reform, 46(4), 1249-1277.
American Eagle Outfitters is a fairly new company but they are doing extremely well because they have a clear grasp of who their target market is. They posses a fresh new hip look with great quality clothing at a reasonable price for consumers (http://www.prism.gatech.edu/~gte201w/aeostrat.html). This is one of the main reasons why teenagers and young adults are so attracted to the company. American Eagle is aiming to appeal not only to the targeted 20 year old but also consumers between the ages of 16 and 34 years old. This will widen the gap between their major competitors because they are trying to appeal to more segments than just one. American Eagle seeks to be assessable, fashion orientated, and has a strong value proposition, which has allowed the company to thrive and take shares from competitors over the past five years. Not only is their clothing line very comfortable, bold and fresh, the store layout and atmosphere is also major key factors in American Eagle’s success over the recent years. AE also has a strong competitive advantage because of their short lead times and their ability to position themselves in high-visibility, high-profile locations in key markets. American Eagle’s cycle time is about five months from design to delivery, versus about nine months for The Gap and six months for Abercrombie. AEOS minimizes lead times by maintaining sourcing relationships with a few key manufacturers and producing much of the merchandise in North America, versus 9% for The Gap and a minimal amount for Abercrombie. AEOS has the ability to quick-source some of its simpler product categories in order to react quickly to sales trends. (http...
The U.S. Equal Employment Opportunity Commission. (2002, May). QUESTIONS AND ANSWERS ABOUT THE WORKPLACE RIGHTS OF MUSLIMS, ARABS, SOUTH ASIANS, AND SIKHS UNDER THE EQUAL EMPLOYMENT OPPORTUNITY LAWS. Retrieved from: http://www.eeoc.gov/facts/backlash-employee.html