Abercrombie & Fitch lawsuit is one of the few legal cases in the U.S. whereby the market freedom allowed in the country, permitting employers to exercise their mandate, contradicts the law, including employment discrimination stipulated in certain sections of the constitution such as Title VII regulations. The conflicting interests in this case include whether the complainant and the Equal Employment Opportunity Commission (EEOC) are right to argue that Title VII was violated or Abercrombie & Fitch is accurate to contend that the applicant failed to meet their hiring look requirements, including notifying them of the impending religious reasons to the wearing of the hijab. For one reason, due to the existence of free-markets, companies in the U.S. are entitled to hire people that fit their job requirements, whether looks, height, weight, or appearance ( Mowen, Hansen, & Heitger , 2016). This implies that Abercrombie & Fitch was right to refuse to hire the applicant because she did not meet their hiring criteria. However, the law also prohibits employment discrimination in Title VII, which states that companies cannot show favoritism against workers on the basis of religion, sex, national origin, color, or race. This paper, therefore, examines the Abercrombie & Fitch case, highlighting the leading cause of the problem, especially the ethical theory that comes into interplay.
There is no question that interaction between the U.S regulatory system and the free market system has a hand in the issues that led to the case under examination. The free market system requires that applicants must abide by the code of ethics, a theory which stipulates a list of principles and guidelines that should be strictly followed in any situation. Therefore, based on the code of ethics of Abercrombie & Fitch, the applicant violated their dress code policy that requires all workers to appear without hijabs. The free-market economic system in the U.S. allows employers to hire workers that meet their criteria, including height, complexion, looks, weight, and other appearance parameters ( Mowen, Hansen, & Heitger , 2016). Similarly, Title VII of the constitution contradicts this code of ethics requirement by demanding that employers should not discriminate workers based on the religion, race, color, sex, and nationality (Lee & Rosenbloom, 2015). The interplay between the two harms the decision-making process because it jeopardizes jurisdictions as evident by the difference in verdicts delivered by the District Court, the Tenth Circuit, and the Supreme Court. This not only impacts the credibility of the courts but also wastes time, money, and other resources.
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References
Lee, L. X. H., & Rosenbloom, D. H. (2015). A reasonable public servant: Constitutional foundations of administrative conduct in the United States. New York, NY: Routledge.
Mowen, M. M., Hansen, D. R., & Heitger, D. L. (2016). Managerial accounting: The cornerstone of business decision-making. Boston, MA: Cengage Learning.
