It should be emphasized that companies in the USA enjoy such freedoms as business freedom, trade freedom, fiscal freedom, government size, monetary freedom, investment, financial, property rights, freedom from corruption, and labor freedom (Fieser, 2015). In addition to this, in accordance with Title VII, the look requirements provide an opportunity to the religious demand in order not to be perceived as an act of religious discrimination (The Economist, 2015). Moreover, Title VII does not require neutrality with the reference to religious practices that should be treated no less than other practices. On contrary, it offers them treatment. Moreover, employers cannot hire a person on the basis of his/her religious beliefs. Title VII is about providing such policies as the opportunity to the need for an accommodation (Zakrzewski, 2005).
It seems justified to assume that there are two sides of the Abercombie & Fitch case (Collins, & Sokolowski, 2015). The first side is connected with the job candidates. Every company has its own policy and culture. Therefore, if a candidate expresses personal religious beliefs, he/she is not likely to be hired owing to such company’s policies. In addition to this, many cases are connected with the dress code. If an applicant has not chosen the appropriate clothes, his/her chances to get a desired job are decreasing. Abercombie & Fitch is widely famous owing to its stores for the aesthetic. However, policies of this company are controversial to Title VII.
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It should be emphasized that the company’s side should also be taken into consideration. This company works in the USA, and such policy as dress code is of paramount importance for this company. Therefore, aesthetics of the position are crucial ones. It seems justified to assume that such actions from the company’s side were not contradictions of the intentional discrimination. It should be emphasized that the company’s attitude towards the case under consideration was a neutral one (Hardy, Foster, Zuniga, & Postigio, 2015).
- Fieser, J. (2015). Introduction to business ethics. New York: McGraw-Hill Education.
- The Economist. (2015). Religion in the workplace: Bias unveiled. The Economist. Retrieved from http://www.economist.com/
- Zakrzewski, K. (2005). The prevalence of “look”ism in hiring decisions: How federal law should be amended to prevent appearance discrimination in the workplace. Journal of Labor and Employment Law, 7(2), 431-461.
- Hardy, J., Foster, C., Zuniga, Y., & Postigio, G. (2015). The argumentative essay. With good reason: A guide to critical thinking. Retrieved from https://content.ashford.edu/
- Collins, C., & Sokolowski, J. (2015, June 12). Supreme court sides with EEOC in Abercombie & Fitch hijab case. [web log comment].Retrieved from http://www.laboremploymentlawblog.com/
