Abercrombie Discrimination Lawsuit Settlement (Discuss)
Ok, this has been a topic I've been following for quite some time. I'm of the opinion that a company may hire employee's based on any criteria that they please, including discriminatory policies. Constitutionally speaking, it is not within the government's purview to interfere with private business and ensure that companies are "diverse." You have the right to work, but you do not have the right to work for a specific company. This settlement decree is truly disturbing, and I believe it itself is discriminatory based on the terms that are set forth within it. It is a shame that political correctness and posturing has gone so incredibly far that a corporations hiring practices must be dictated to it by a bunch of bureaucrats and lawyers, because a few fat people felt that it was unfair they couldn't fold clothes up front with the people who can actually control shoving twinkies down their throats. I've added some commentary in red under the quoted section of the consent decree. These are basically terms in the settlement of the lawsuit that Abercrombie&Fitch Co. had to agree to in order to settle. I'd like to see some meaningful debate about this and Equal Employment Opportunity and Affirmative Action. I believe both to be overly intrusive and destructive to the free market and to private enterprise, and furthermore I believe those policies to be institutionalized reverse racism, which automatically precludes a certain number of QUALIFIED applicants from receiving a job based STRICTLY on the color of their skin (white).
Quote:
Ongoing Consent Decree Governs Abercrombie's Employment Practices into at Least 2009
The Consent Decree (settlement agreement) contains provisions related to the recruitment, hiring, job assignment, training, and promotion of Abercrombie & Fitch, Hollister, and abercrombie kids employees. The Decree is effective immediately, pursuant to the Court's order. An appointed Monitor will regularly evaluate and report on Abercrombie’s compliance with the provisions in the Consent Decree. These provisions include:
* "Benchmarks" for hiring and promotion of women, Latinos, African Americans, and Asian Americans. These benchmarks are goals, rather than quotas, and Abercrombie will be required to report on its progress toward these goals at regular intervals;
* A prohibition on targeting fraternities, sororities, or specific colleges for recruitment purposes;
* Advertising of available positions in publications targeting minorities of both genders;
* A new Office and Vice President of Diversity, responsible for reporting to the CEO on Abercrombie’s progress toward fair employment practices (the Office has already been created, and the VP has been hired and begun work);
The company has to add a paid position to their list of employee's, to ensure "diversity" within the company. This completely violates the rights of corporations to be autonomous from government and to dictate their own hiring policies. Actions like these hurt only the consumers, as the additional expense of having to add positions to the company muts be paid for by raising prices on goods.
* The hiring of 25 recruiters who will focus on and seek women and minority employees. (At least 24 of the 25 have already been hired, and are working.);
Once again, hiring more employee's for needless positions to ensure 'diversity' in a private companies workforce. The additional costs of doing so will surely be passed on to the consumers.
* Equal Employment Opportunity (EEO) and Diversity Training for all employees with hiring authority;
* Revision of Performance Evaluations for managers, making progress toward diversity goals a factor in their bonuses and compensation;
Essentially, penalties for managers who don't appear to be making an effort to hire a diverse range of employee's. This means that managers are forced to consider not ONLY the applicants abilities, but ALSO their skin color when making a hiring decision. This by its very nature is a reverse racist policy, and sets the precedent for establishing a system of quotas.
* A new internal complaint procedure; and
* Abercrombie marketing materials will reflect diversity by including members of minority racial and ethnic groups.
Once again, the private marketing practices of a private company are being dictated by bureaucrats for no other reason than certain "groups" of people are unhappy about a companies advertising. Perhaps there should be some class action lawsuits against Sean Jean or South Pole, for not having enough white people or Latinos in their advertising? Ridiculous.
In addition, Abercrombie created a $40 million Settlement Fund for distribution to individual class members. Abercrombie will also pay attorneys' fees and costs associated with monitoring compliance during the time that the Consent Decree is in effect (4.5 to 6 years from Final Approval, depending on Abercrombie’s progress). This will total approximately $10 million, bringing the total amount Abercrombie must pay to approximately $50 million. Click here to read the court-approved Consent Decree [pdf format]. The provisions in the Decree are currently in effect.
“The young men and women who applied to work at Abercrombie should have been judged on their qualifications, and not their skin color or gender. The class action settlement compensates class members for being subjected to the challenged practices and ensures that Abercrombie will improve its employment practices and diversity efforts nationwide,'' commented Lieff Cabraser attorney Kelly M. Dermody.
