June 2, 201511 yr Was this the company a few years ago who's CEO caused a kerfuffle by saying that they didn't sell big sizes because they didn't want big people wearing their clothes? Yes, this guy was afraid certain types (ugly or over weight) of people would make his clothes look bad...
June 2, 201511 yr Author I haven't read much since the opinion came down yesterday, but I was following it closely when the oral arguments took place a couple months ago. This result isn't surprising given the lines of questioning the justices were subjecting these people to during the oral arguments. They didn't take very kindly to the notion that someone wearing an hijab could be harmful to business. As I was reading, it's certain that nothing about what Abercrombie is and the way they do business makes me want them to win anything; in fact, their corporate image makes me want the lot of them to be struck by lightning in an act of divine judgment. They call their retail floor employees "sales models" and have a very strict dress code which involves wearing that brands clothes to work at employee expense. They regulate everything right down to which hideous, trendy hairstyles are acceptable and which equally hideous, trendy hairstyles are not. We can argue all day that employers should be able to hire whoever they want, but that ship sailed ages ago right along with "hiring a black person would make my white customers not want to come in here". The employer knew she always wore a hijab (from the interview) and why she wore it (from a conversation between the manager and a friend of the interviewee who told him she was a Muslim). And the manager made clear that the Islamic practice was the reason for not hiring her. That's enough to violate the constitutional protections for discriminatory hiring practices under the EEOC's clarification of Supreme Court rulings. So are there real cases where one's religious beliefs would cause damage to a business? Let's say this same lady applied to be a waitress at Hooters but had to cover up her body due to religious reasons. Could Hooters legally say no for that specific reason?
June 2, 201511 yr So are there real cases where one's religious beliefs would cause damage to a business? Let's say this same lady applied to be a waitress at Hooters but had to cover up her body due to religious reasons. Could Hooters legally say no for that specific reason? Truthfully I don't know. I've always been a little curious about how Hooters gets by with its hiring practices... not curious enough to actually read anything about it... just a little curious.
June 2, 201511 yr Truthfully I don't know. I've always been a little curious about how Hooters gets by with its hiring practices... not curious enough to actually read anything about it... just a little curious. Hooters will and has hired non-traditional Hooter's waitresses in the past. Waitresses make what $1.85 per hour then tips...the waitresses that don't "match-up" to the others starve to get tips and move on to other jobs. Some might say that is either capitalism or natural selection at it best.
June 2, 201511 yr Author Truthfully I don't know. I've always been a little curious about how Hooters gets by with its hiring practices... not curious enough to actually read anything about it... just a little curious. I guess I'm curious as to what passes as a valid reason to not hire someone because of their religion.
June 2, 201511 yr I guess I'm curious as to what passes as a valid reason to not hire someone because of their religion. What if you only have a part time opening on Friday night shift and Saturday day shift...I worked with a guy that was never available those times due to his religion. I guess that could be a valid reason.
June 2, 201511 yr Truthfully I don't know. I've always been a little curious about how Hooters gets by with its hiring practices... not curious enough to actually read anything about it... just a little curious. I know Hooters has had sex discrimination suits brought against them and they've lost. Went to one once and a guy tried to wait on my table. I asked for a new table. Sorry if that's shallow but on the rare occasion that I go to Hooters it's not for the 5 star cuisine.
June 2, 201511 yr My business, my rules. I shouldn't have to hire people I don't want representing my company.
June 2, 201511 yr My business, my rules. I shouldn't have to hire people I don't want representing my company. Except for that little thing called the 14th Amendment. Silly Constitution getting in the way of everything.
June 2, 201511 yr When hiring for a job of this type it's as much art as it is anything else. You get a feel for a person during the interview and whether you think they would be a good employee. You interview several people for each opening. Sometimes the most qualified person just doesn't get the job for other reasons. It could be bad manners, bad interview presence a list of several things that can cause you not to hire someone. To that end within reason an employer can hire who ever they want...the exception would be if they (the employer) are stupid during the interview process and say or ask something that isn't allowed. If that happens the applicant may be able to force the issue and receive a job offer. AF having a "Look Policy" is of course stupid and put in place I'm sure by a CEO that was more concerned with vanity that serving his customers or employees.
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