Abercrombie & Fitch

PresentersMark Rentz

Tiffany PullinJulie Kovencz

Case Issues• Abercrombie recruits, hires, and

maintains a predominantly white sales force.

• Abercrombie systematically discourages applications from minority applicants, and refuses to hire qualified minority applicants.

• Abercrombie uses an appearance policy in which all sales people, or “Brand Representatives” must fit the A&F “look”

Case Issues

• Abercrombie uses visual media to enhance the importance of the “A&F look”

• Careful scrutiny and monitoring by regional and district managers to maintain the “A&F look”

• A&F requires quarterly photo reports of Brand Representatives that fit the “look”

Year of Decision

• Final Decision was made on November 16, 2004

• U.S. District Court of San Francisco

Facts

• On June 18, 2003 A&F was hit with a discrimination lawsuit that alleged that A&F hires a “disproportionately white sales force,” put minorities in less visible jobs, and cultivates a virtually all-white image in its catalogues and elsewhere.

• The EEOC joined the plaintiffs in the lawsuit in the fight against discrimination

• The EEOC estimated that the lawsuit would affect more than 10,000 Hispanic, Asian, or Black men and women

Federal Laws Violated

• Title VII, Civil Rights Act of 1964

Results

• A&F was required to adhere to a consent decree that calls for the hiring of a VP of Diversity, and up to 25 diversity recruiters

• The marketing materials of the company should also reflect diversity

• $40 million in settlements is to be paid by A&F

Why is this such an important case?

• The retail industry and other industries need to know that businesses cannot discriminate against individuals based on a marketing strategy or particular “look”

• Race and sex discriminations in employment are unlawful and the EEOC will now pursue more vigilantly employers in the retail industry that choose to discriminate