Well-known clothing retailer Abercrombie & Fitch has taken plenty of media heat thanks to its restrictive “look policy.” At one time, they dictated everything from the length of employees’ fingernails to the color of their hair. In addition, employees were required to purchase clothes from the retailer.
Abercrombie & Fitch is now being sued for this aspect of their look policy. Judge Jesus Bernal recently ruled that a lawsuit that was originally filed by two former employees could move forward as a class action. The class could potentially have thousands of members, making this case much more significant, and possibly much more costly, if the plaintiffs prevail.
At the heart of the lawsuit is the store’s policy that required its approximately 62,000 employees to exclusively buy their work attire through the brand. The complaint, which was filed in California, notes that workers were expected to purchase clothes at least five times per year to coincide with the seasonal fashions found in the stores. Allegedly, all employees were given a “style booklet” outlining what they were supposed to buy and how it should be worn.
The complaint claims that this policy caused the hourly pay rate to fall below minimum wage. At the same time, the plaintiffs say that Abercrombie benefited from the policy. Although employees received a discount on their purchases, the retailer nonetheless made a substantial profit through requiring workers to shop there. Moreover, employees working on the sales floor were considered “models” who were displaying the store’s latest fashions. This enticed customers to spend more money to attain the same look that employees were wearing.
Abercrombie has already drawn fire for refusing to hire a Muslim female who needed to wear a hajib and for firing another worker who had a prosthetic arm. Their situation provides a helpful reminder for other employers that employee dress codes need to be well thought-out and reasonable. Most importantly, they should be in line with the law and all Constitutional rights. It is a wise idea to have an experienced attorney review a dress code policy to minimize the opportunities for litigation.