Sorry there’s no pretty pictures in this article, dear readers; it’s not that kind of post. But I hope you’ll read on anyway, I desperately want to hear what folks think about this sensitive and outrageous topic.
Today in the UK, Riam Dean won her case against Abercrombie and Fitch in a lawsuit accusing the hugely popular clothing brand of “disability discrimination” for an incident that landed the former employee in the stockroom, made her question her self-worth, and ultimately led to her grudging resignation after only five shifts. Dean is missing part of her left arm (to the elbow) and was informed by a manager that she was in violation of the company’s “look policy”, as outlined in the employee handbook, when she wore a sweater to cover the join of elbow and prosthesis, and was no longer allowed to work the sales floor. A tribunal awarded Dean ₤9000 for pain and suffering, as well as for lost wages, but not for actual “disability discrimination”. (“Disabled Student Wins Employment”)
So, two things:
1. The tribunal’s ruling
2. The look policy itself
Dean didn’t get the justice she originally sued for. She just got money. And while cash is great, it’s not the blow for that should have been struck in this case. We’re a highly litigious society anyway, but this should have been a clear-cut case of discrimination (particularly in light of at least a dozen other cases of A&F being sued by employees for prejudice of various sorts) that was resolved under the guise of fairness.
In the United States, it is illegal to refuse someone a job on the basis of their race, gender, weight, sexuality, disability, or religion. I’m not sure about the UK’s actual laws, but I cannot imagine that they legally allow active discrimination either [[I found this, if it applies.]]. So, when Dean applied for the job and met all other qualifications, she got the position. But once inside the doors, employers can and do exercise all kinds of methods to hide the “undesirables” they’ve been required to hire.
What the fuck kind of shit is that?
And that brings me to the second point: the look policy itself. Manymanymany companies, particularly retail fashion companies, have codes of both conduct and dress, so there’s nothing surprising in that that have a policy. It’s what the policy itself states, as reported at Telegraph:
Abercrombie & Fitch’s ‘look’ rules detailed:
- Staff must “look great” while still exhibiting “individuality”.
- Women’s fingernails must be no more than a quarter of an inch beyond the tip of the finger.
- Beards, moustaches or other facial hair are banned except for religious reasons.
- Clothing should always be “classic American style” while only “clean, natural” hairstyles are acceptable.
- Women should only wear foundation, base or blush if it “matches” their natural skin tone.
- Eyebrow pencil, eye liner, lipstick and eye shadow are also only allowed in “natural” shades.
- Store managers will define “appropriate” colours for toenail polish.
- Women’s earrings “should not be longer than a dime and should not dangle”.
- Other piercings are forbidden and men must never wear earrings.
- Although the store sells caps they are “too informal for the image we project” for staff. (“Abercrombie and Fitch “Look Policy”)
That’s only part of it. Click the tag at the end of the list for other items in the policy.
Some of these points are understandable and carried out in other chains across the globe; others make you go “what?” and make weird faces in confusion. While having a dress code is a fabulous idea for most clothing and beauty retailers, the extent of A&F’s is dangerously close to crossing the boundary between sanity and insanity helpful and harmful.
Dean’s case should have cracked this shit wide open. As it stands, she’s a little richer, A&F are getting some bad press, and things are just going to go right back to normal. But maybe not. Maybe there’s something good that can come from this. As Mark Borkowski put it, “When people are confronted daily with pictures of heroic soldiers returning from Afghanistan with missing limbs, people will look at this case and think that Abercrombie & Fitch is incredibly shallow” (qtd in “Disabled Student Wins Employment”). With any luck, this could be the case that pushes the right buttons to get this company to loosen its grip.
Until this shit stops, don’t shop with them. They’ve got shitty business practices and shittier personal codes. Don’t even buy it at the thrift store. Even if they’re not getting money from that sale, you still know what they do and your karma pays that toll for you automatically. Don’t support people who think that anyone who doesn’t (even loosely) embody the physical Aryan ideal will hurt their sales (and challenge their own worth).
Edited: August 14th, 2009
Yep, that’s me – calculator in-hand at two. An omen of nerd-dom that should have been heeded.
