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Discrimination lawsuit against A&F


~surreal~

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please spread the news

> > refer them to www.afjustice.com or they can call

> > (800) 597-6887.

>

> >

> > >

> > FYI, today's NYT's coverage of the filing of the

> > Abercrombie & Fitch

> > discrimination lawsuit. There was great press

> > turnout this morning so

> > expect to see more press coverage in mainstream

> and

> > ethnic media (as always,

> > please share with the appropriate staff person any

> > articles you spot).

> >

> >

>

----------------------------------------------------------------------------

> > ----

> >

> > June 17, 2003

> > Clothing Chain Accused of Discrimination

> > By STEVEN GREENHOUSE

> >

> > Abercrombie & Fitch, the clothing retailer that

> > appeals to the college set

> > with blond-haired, blue-eyed models, was sued

> > yesterday for racial

> > discrimination, accused of favoring whites for its

> > sales floor jobs.

> >

> > The lawsuit, filed in Federal District Court in

> San

> > Francisco, charges that

> > Abercrombie discriminates against Hispanics,

> Asians

> > and blacks in its hiring

> > as it seeks to project what the company calls the

> > "classic American" look.

> >

> > Abercrombie, whose upscale casual clothes have

> made

> > it one of the hottest

> > companies for teenagers and college students, is

> > accused of favoring whites

> > by concentrating its hiring on certain colleges,

> > fraternities and

> > sororities.

> >

> > Several Hispanic and Asian plaintiffs said in

> > interviews that when they

> > applied for jobs, store managers steered them to

> > stockroom jobs and away

> > from the sales floor because they did not project

> > what the company called

> > the "A & F look." That look, these plaintiffs

> said,

> > is overwhelmingly white,

> > judging from the low percentage of minority

> members

> > who work on the sales

> > floor and from the company's posters and quarterly

> > magazine, which

> > overwhelmingly featured white models.

> >

> > In an affidavit, a former assistant manager of the

> > Abercrombie store in

> > Faneuil Hall in Boston said that of the 110

> > employees there, two or three

> > were black, one was Hispanic and the other 106

> were

> > white.

> >

> > "It's quite clear that they go to great pains to

> > make sure all of their

> > managers and assistant managers know what they're

> > looking for and what those

> > managers will be judged on: does your work force

> fit

> > our all-white image?"

> > said Thomas A. Saenz, vice president for

> litigation

> > at the Mexican American

> > Legal Defense and Educational Fund.

> >

> > A spokesman for Abercrombie, which is based in New

> > Albany, Ohio, said

> > yesterday that the company would not comment

> because

> > it had not yet seen the

> > legal papers.

> >

> > In a guidebook distributed to employees, the

> > "Abercrombie Look Book," the

> > company states: "America is diverse, and we want

> > diversity in our stores. We

> > do not discriminate, and will not tolerate

> > discrimination in hiring based on

> > race, national origin, religion, color, sex, age

> or

> > disability."

> >

> > Abercrombie, which outfitted Theodore Roosevelt

> and

> > Ernest Hemingway, was

> > founded in 1892 as a supplier of rugged gear. It

> > filed for bankruptcy in

> > 1977, and its name was sold to Oshman Sporting

> Goods

> > in 1979 and was resold

> > in 1989 to The Limited. That company revived the

> > brand name with clothes

> > focusing on a youthful lifestyle. In 1996, The

> > Limited spun off Abercrombie,

> > which has about 600 stores and 22,000 employees.

> >

> > Several plaintiffs said that top managers often

> > visited stores and examined

> > pictures of employees to determine whether they

> > conformed with the

> > Abercrombie & Fitch look. Often, the legal papers

> > say, store managers

> > approach attractive white customers who have the

> > "look" and urge them to

> > apply for sales jobs.

> >

> > Jennifer Lu said she and four other Asian sales

> > clerks had been fired from

> > an Abercrombie store in Costa Mesa, Calif., after

> a

> > top corporate official

> > visited last February and told the store's

> managers

> > there were too many

> > Asian sales clerks. Soon after, she said, six

> whites

> > were hired to replace

> > them.

> >

> > "I thought the nation was beyond this type of

> thing

> > after all these years of

> > civil rights," said Ms. Lu, a senior at the

> > University of California at

> > Irvine. "If Asian people knew that they were doing

> > this, they'd be

> > outraged."

> >

> > Juancarlos Gomez-Montejano, who worked in sales at

> > an Abercrombie in Santa

> > Monica, said that after a corporate official

> visited

> > his store, he and four

> > other minority sales workers were terminated, told

> > that the staff was too

> > large. A few weeks later, he said, the store hired

> > five white fraternity

> > members from U.C.L.A.

> >

> > "It disgusted me because my family name has been

> on

> > this continent for

> > centuries, and they have the audacity to say I'm

> not

> > American enough," Mr.

> > Gomez-Montejano said.

> >

> > He complained to the Mexican American Legal

> Defense

> > Fund, which filed the

> > lawsuit along with the Asian Pacific American

> Legal

> > Center, the NAACP Legal

> > Defense and Educational Fund and Lieff, Cabraser,

> > Heimann & Bernstein.

> >

> > In a case involving Mr. Gomez-Montejano, the Los

> > Angeles office of the Equal

> > Employment Opportunity Commission concluded in

> 2001

> > that at Abercrombie,

> > "Latinos and blacks, as a class, were denied

> > permanent positions, denied

> > assignments and treated in an unfair manner with

> > regard to recruitment based

> > on their race."

> > The lawyers are asking for an unspecified amount

> in

> > back wages and punitive

> > damages, an order putting plaintiffs in their

> > rightful jobs and an

> > injunction ordering the company to end unlawful

> > practices.

> >

> > "For most of them this is their first job, and the

> > lesson that Abercrombie

> > has taught them is that workplace discrimination

> > continues to exist," said

> > Bill Lann Lee, a lawyer representing the

> plaintiffs

> > and former director of

> > the Justice Department's civil rights division.

> > "This is a reminder that

> > when you look under a rock, sometimes you find

> > something pretty awful."

> >

> > The lawyers want the lawsuit to be a class action

> > that will cover both past

> > and future workers and job applicants at

> > Abercrombie.

> >

> > Eduardo Gonzalez, a junior at Stanford University,

> > said that when he applied

> > last August to the Abercrombie store in Santa

> Clara,

> > Calif., a manager said

> > he should apply for the stock room or an overnight

> > position.

> >

> > "It was like, wow, they're pushing me to the only

> > nonvisible jobs, they

> > don't want me to be seen in public," Mr. Gonzalez

> > said. "And it was weird:

> > all the store's posters were white, blond-haired,

> > blue-eyed."

> >

> > Soon after, a nearby Banana Republic hired him.

> >

> > "If you look at a store like Banana Republic," Mr.

> > Gonzalez said, "there's a

> > huge difference. Banana Republic has almost all

> > minorities working there."

> >

> > Copyright 2003 The New York Times Company

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