Introduce the Abercrombie & Fitch lawsuit.

The Abercrombie & Fitch

lawsuit was filed by the Equal Employment Opportunity Commission (EEOC)
on Samantha Elauf’s behalf claiming that a prospective employer refused her
employment due to her religious practices, which could be accommodated
without causing undue hardship (Equal Employment Opportunity Commission
v. Abercrombie & Fitch 575 U.S. 1, 2015). The claim filed by the EEOC is a
violation of Title VII of the Civil Rights Act of 1964. According to Equal
Employment Opportunity Commission v. Abercrombie & Fitch 575 U.S. 1
(2015), the claim prevailed in the District Court, but was overruled by the
Tenth-Circuit, who awarded Abercrombie summary judgement because Elauf
failed to give the prospective employer knowledge of her need for an
accommodation (para. 1).
Articulate the freedoms that companies in the United States enjoy
given our relatively-free market system. Many companies in the United
States enjoy freedoms such as employment at-will, which according to
Reynolds (n.d) an employer has the right to fire their workers without cause
as long as the cause is not based on discrimination. Other enjoyed freedoms
that companies in the United States enjoy is the role of government in
business. The country needs government regulations. For example, most
companies are required to register with the states government, which will
define the financial liability the owner of the company have (Greechie, 2019).
Such freedom will also limit risks towards investments into particular
businesses as well.
Present the Title VII regulations concerning employment
discrimination. Title VII regulations concerning employment discrimination
is enforced by the EEOC who, according to Fieser (2015) “sets policies for
dealing with discrimination complaints, holds hearings on specific
complaints, and has the authority to file discrimination suits against
employers” (Section 5.3). The Civil Rights Act of 1964,1965 (Section 703)
deems it unlawful for any employer to refuse to hire or discharge an
individual based on discrimination in respect to his compensation, terms,
condition, or privilege of employment due to their race, color, religion, sex, or
national origin (Fieser, 2015, Section 5.3).
Present your analysis of this case in a way that identifies which
entities (Abercrombie & Fitch as a corporation, the economic system
in the USA, the regulatory control of the state, or all of these) have
a role in the problem that led to the lawsuit under examination. The
moral theory I will apply to this analysis is virtue ethics. Virtue ethics focuses
on ones character rather than fulfilling a duty or deciding an act to predict
good consequences. In my opinion, Abercrombie & Fitch as a corporation
have a role in the problem that led to the lawsuit. In this case, the problem is
Samantha Elauf being denied a job because her appearance did not fit the
image of the company, which is “All-American,” and “cool, yet seductive”

This study source was downloaded by 100000857486611 from CourseHero.com on 11-22-2022 09:31:14 GMT -06:00

https://www.coursehero.com/file/44055686/PHI-445-Week-5-D1docx/
 (Zakrzewski, 2015). The character of the company has to speaks for those
who run the company. Zakrzewski (2015) explained that Abercrombie & Fitch
compels their employees to hire based on appearances such as height and
weight, and whether or not the individual would look good in the company’s
clothes. According to Aristole’s analysis of virtues, Abercrombie’s desire for
wealth has caused the company to lack the virtue of temperance by
habitually overindulging in its acquisitions (Fieser, 2015).
References
Equal Employment Opportunity Commission v. Abercrombie & Fitch. 575 U. S.
1 (2015). Retrieved from http://www.supremecourt.gov/opinions/14pdf/14-
86_p86b.pdf (Links to an external site.)
Fieser, J. (2015). Introduction to business ethics [Electronic version].
Retrieved from https://content.ashford.edu/ (Links to an external site.)
(Links to an external site.)Greechie, S. (2019, March 12). Role of government
in business. Retrieved from https://smallbusiness.chron.com/role-
government-business-803.html (Links to an external site.)
Reynolds, W. (n.d.). A company's legal rights. Retrieved
from https://smallbusiness.chron.com/companys-legal-rights-61728.html (Lin
ks to an external site.)
Zakrzewski, K. (2005). The prevalence of “look”ism in hiring decisions: How
federal law should be amended to prevent appearance discrimination in the
workplace. U. Pa. Journal of Labor and Employment Law, 7(2), 431-461.
Retrieved
from https://www.law.upenn.edu/journals/jbl/articles/volume7/issue2/Zakrzew
ski7U.Pa.J.Lab.&Emp.L.431%282005%29.pdf

This study source was downloaded by 100000857486611 from CourseHero.com on 11-22-2022 09:31:14 GMT -06:00

https://www.coursehero.com/file/44055686/PHI-445-Week-5-D1docx/
Powered by TCPDF (www.tcpdf.org)