Skip to main content

Class Action Certified Against Abercrombie & Fitch Because of the Company's "Look Policy"


Readers might remember a recent United States Supreme Court decision from June in which the Court considered an issue over whether an Abercrombie & Fitch store discriminated against an applicant because she wore a head scarf to her interview (which did not conform with Abercrombie's "Look Policy".  (United States Supreme Court Issues Opinion in Abercrombie & Fitch Case).  

Recently, a federal judge in California certified a class action lawsuit for approximately 62,000 Abercrombie employees.  The employees allege that Abercrombie forces its workers to wear its clothing (which requires employees to buy new clothing every time Abercrombie issues a new sales guide) but will not reimburse them for the purchases.  These alleged acts are in violation of California's labor codes.  

As well, Abercrombie allegedly sent employees home or reduced their shifts if they showed up to work and did not meet the company's strict appearance requirements.  The plaintiffs' attorney labeled this conduct as discriminatory and illegal.  That could very well be the case if proven to be true.

At this point, this case is still in the very early stages of litigation.  We have a ways to go...but Abercrombie just cannot seem to catch a break lately.


Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...

New Jersey Governor Chris Christie Vetoes Minimum Wage Hike

A few months ago, readers might remember that I pointed out that the New Jersey Legislature had voted to approve a minimum wage hike in the state .  Under the approved legislation, the minimum wage rate would rise to $10.10/hour in the next year and at least $15/hour over the next five.  (The current minimum wage rate in the state is $8.38/hour).  In that article, I had noted that the bill was then going to go before Governor Chris Christie for his approval or veto. As I had suggested previously, I thought that the Governor would likely veto the bill based upon his prior actions and comments on similar legislation.  Well, a few days ago, Governor Christie did just that and vetoed the bill on the grounds that it "would trigger an escalation of wages that will make doing business in New Jersey unfathomable."  Pointing to the increase in hourly minimum wage rates, the Governor referred to the bill as a "really radical increase."  (It is interesting to c...