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In 2008, Abercrombie & Fitch refused to hire Samantha Elauf because they felt her look did not comply with the companies look policy. Because she wore a hijab during the interview, it makes everything a little more complicated. Elauf then sued Abercrombie & Fitch under Title VII of the Civil Rights Act of 1964, which makes discrimination of employment based on race, religion, color, sex, or national origin unlawful. After the civil rights movement, employment became more balanced of all races and colors. The U.S. has a free market system of a large work force that allows plenty of opportunity for working your way up the ladder. It is imperative that everyone is on a level playing field and there is no discrimination in any way. This allows for a more peaceful workforce, which in turn will yield a much more productive workforce.
When looking at this case, I feel that the regulatory control of the state can be at fault for this. The state didn’t help properly regulate Abercrombie’s business model. Abercrombie should’ve looked more into their hiring practices as well and what they can be allowed with doing. I understand that they have a “cool look” they want their business to portray, and they should be allowed to find proper moral grounds to fairly do that. Abercrombie can find certain exemptions under Title VII where they can properly run their business, “but these must involve bona fide occupational qualifications, that is, qualifications that relate to an essential job duty”(Fieser, J. 2015) In the end, this can be good for everyone. There will be few who do no get the jobs they want. As long as companies can make their job qualifications well known and very clear, you can avoid having prospective employee’s come in that simply do not fit the job description. This is a very utilitarianism view where if more people are happy than unhappy, then it is as good as an outcome as you can hope for.
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