Law, Business and Society 11th Edition by Tony McAdams

تمرين 48

Abercrombie Fitch (A F or Abercrombie), the clothing retailer, was accused in 2003 of maintaining a virtually all-white image by discriminating in recruiting, hiring, and promoting women and minorities. A nationwide class-action lawsuit was filed claiming that Abercrombie disproportionately assigned minority employees to stockrooms and other jobs out of the public eye, while white employees were conspicuously on display as a means of projecting the company's "clean-cut, classic" image.
Abercrombie denied the charges, but it decided to settle in 2005 by agreeing to pay $40 million along with $10 million in attorney fees and other expenses. The settlement also required the company to promote diversity in its workforce. In addition, Abercrombie agreed to manifest a more diverse image in its marketing materials, including its catalogs, shopping bags, and store posters.
In September 2013, Abercrombie settled two religious discrimination lawsuits filed by the federal government's Equal Employment Opportunity Commission, both involving Muslim teens who wore headscarves (hijabs). One teen had been terminated from her stockroom job at Hollister for refusing to remove her hijab in violation of the store's "Look Policy," and another who was denied employment at an Abercrombie outlet had been asked about her hijab and religion during her interview. Two federal judges had ruled against A F prior to the settlement, under which the store paid $71,000 and promised to change its policies. However, the next month, a federal appellate court judge reversed a trial court's ruling against Abercrombie in a third religious discrimination lawsuit involving a refusal to hire based on the applicant's hijab. The Court agreed with A F that its "Look Policy" was necessary to maintain its "classic East Coast collegiate style of clothing."
A college student decided not to apply for a job at Abercrombie because she didn't feel "appropriate" for the job after she observed all of the store's "tall, skinny white girls." The college student stated that, in the long run, hiring only employees with that particular look will "hurt Abercrombie."
a. Would the market punish Abercrombie, even if the law had not intervened Explain.
b. Should the market punish Abercrombie Put another way, should you as a consumer decline to shop at Abercrombie stores based on its apparent employment practices Explain.