The latest job advert stating “We are looking for cool and good looking people to represent our brands” has caused outrage and upset in the North East.
The posting of the advert in Aberdeen’s Union Square has led to a local MSP calling for the advert to be removed, and has shocked the local community.
A spokesman for the Company has been quick to point out that the advert is not illegal, and does not breach any employment laws.
Empire HR recently highlighted that Abercrombie & Fitch was forced to defend a claim of Disability Discrimination last year, after an employee who had a prosthetic limb was kept off the shop floor as a result of the Companies 42 page ‘Look Policy’.
However, the Company has rigorously defended its ‘Look Policy’, pointing out that they also have anti discrimination and harassment policies, as well as a diverse workforce.
Empire HR, a leading employment law and HR company has been quick to warn their clients against following the example of Abercrombie & Fitch.
Steve Cook, CEO of Empire HR explains that “whilst the job advert is not actually illegal, it could lead to problems if a job applicant can prove that they didn’t get the job due to discrimination. Of course, there is no legislation specifically preventing discrimination on the grounds of looks, but there is a risk that it could lead to a claim on the grounds of disability, age, or even sex discrimination”.
Mr Cook goes on to point out that “the danger is that a rejected older job applicant could claim that ‘cool’ infers ‘young’ and that they were turned down because they were too old. Or a rejected disabled applicant may claim that ‘good looking’ means ‘physically perfect’ and that they didn’t get the job because they are disabled.”
This job advert does raise interesting points – the store clearly thrives on presenting an image of ‘coolness’ and their website features impossibly good looking men and women. Those approached for job interviews in the recently opened Union Square centre have confirmed that good looking people were singled out, and they were not asked any questions relating to retail experience and skills.
So is it reasonable for a clothing retailer to simply recruit those who most closely reflect the image they want to present? Businesses often spend large sums of money building up a brand and image, which are designed to target the type of customers they want to attract. The shop assistants in a clothing shop will obviously be part of this image, so is it understandable that they should look a certain way?
However, perhaps Abercrombie has taken this a step too far? Does the Company really need to have ‘model like’ shop assistants to sell its products? Do we want to live in a society whereby the best looking people get the best jobs, and those of us with are not quite to perfect are left to take the not so good jobs?
Or should businesses be left to decide who they recruit? Has employment law gone too far in protecting job applicants?
Other links to previous law suits against Abercrombie and Fitch include 2005 case and the widely reported case in the UK about Riam Dean's prosthetic arm
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