This was after they'd rated her face.
The college student who was in Dallas for the summer and her female
co-worker had received a 0 ranking on a district manager's monthly
audit. The report, posted on a wall in the office, included the
question, "Do all female models currently working have beautiful
faces?"
There were two choices, 0 and 5, with the higher
number signifying an approval rating for the models – an Abercrombie
& Fitch term for sales representatives. The same question for the
male models had both 0 and 5 marked – a mix.
"It's so
subjective how they judge you," said Ms. Carmichael, a 19-year-old
brunette with sharp blue-green eyes and a trim, athletic build, who was
told by one manager that she wasn't attractive enough to work on the
floor.
The debate
centers on the ethics of labeling teenage beauty more than on the
possibility of unlawful actions. At issue is whether it's morally
justifiable to define an "Abercrombie look" these days, three years
after a lawsuit settlement forced the retailer to enhance diversity and
amid ongoing debate about Abercrombie's marketing practices, which
often include shirtless young men and wistful-looking women in thin
outer garments.
Todd Corley, Abercrombie's vice president
of diversity and inclusion, said the "face" question refers to the full
presentation of an individual, not merely his or her visage.
The company says it is important to uphold the brand's image and
maintain diversity in its stores. Some sales representatives are chosen
to appear in posters, ads and other marketing materials.
'Hierarchy of hotness'
Sales people function as the store's advertising and are handpicked by
current employees, said Joshuah Welch, a 26-year-old Dallas resident,
was hired two weeks ago as a manager and told to recruit people who
walked into the store looking "all-American, clean, wholesome, or the
girl or boy next door." He said stocking employees, on the other hand,
are told not to speak to customers.
"It's a hierarchy of hotness," he said.
Cory Payne thought he reached the upper tier when he was recruited as a
"model," or salesman, at the Dallas store. Then he found himself in the
back storeroom.
"It wasn't the job we signed up for,"
said the tall 22-year-old blond athlete. "We showed up on time and we
felt we were being punished for being good employees."
A
weekly "secret shopper" evaluation posted in the back room also focuses
on appearance. Employees receive one point for a "yes" to the
questions, "Was the person in the women's front room attractive?" and
"Was the cashier attractive?"
These rating systems remain legal as long as they don't discriminate based on race or gender.
"There's no real problem to discriminate against 'ugly' people," said
Jahan Sagafi, a partner at Lieff Cabraser Heimann & Bernstein, the
firm that represented the plaintiffs in the original diversity suit.
"The problem is when you define beauty to incorporate white, which it
essentially does at Abercrombie."
Ms. Carmichael and Mr.
Payne are both white and say they don't expect legal or financial
compensation. Instead, they believe their demotion signifies a
disturbingly shallow mentality in youth-focused retail.
The job is "a cattle call and you are hired based on looks, not your
ability to fold clothes or work with people," Mr. Welch said.
Fitting a mold
He just quit his managerial training program at the NorthPark store
after his bosses told him he would have to leave if he didn't get rid
of his new blond highlights.
"I need a job where I am
appreciated for the work I do, not because I fit into their mold," said
Mr. Welch, who previously worked for Abercrombie in Austin before
appearing on a season of the CBS reality show Big Brother.
"I thought they had evolved, but they haven't," he said.
The company agreed in 2005 to pay $40 million to a group of Latinos,
blacks, Asians and females who accused the company of advancing whites
at the expense of minorities.
Working on diversity
Company representatives say they're fostering a much more diverse and
accepting workplace since the lawsuit, with about 32 percent of the
floor staff now either Asian, black or Latino.
Last
spring, the company – which has more than 1,000 stores and 88,000
employees nationwide – created a new "look book," a collection of
images for managers to refer to when hiring.
"It's an
array of faces – black, white, Hispanic," Mr. Corley said. "It gives a
sense of style, dress. It goes to a whole standard of appearance."
Although the company has hired a diversity coordinator and promoted
more minorities to management positions, it's unclear to what extent
Abercrombie has adapted its image.
A court-appointed
monitor wrote in his second annual compliance report last August that
images of Asians and Latinos were "almost entirely absent" in
Abercrombie's marketing. A third compliance report is due at the end of
the month. Earlier this month, a civil rights group filed a lawsuit on
behalf of a Muslim teenager in Oklahoma who alleged she was denied a
job because she wears a headscarf.
Unintended bias
Even physical evaluations can tread on shaky ground because they often
unintentionally discriminate, said Greg Gochanour, a lawyer with the
Equal Employment Opportunity Commission and the supervising trial
attorney on the 2005 case.
He called the rating system "bizarre" and said he hasn't heard of other companies with this type of audit.
The streamlined image book in each store is intended to take out bias,
said Mr. Corley, as are partnerships with organizations such as the
Anti-Defamation League. The company also is working with Georgetown
University to establish the country's first diversity management
program.
Ms. Carmichael, who is back at school in
Arizona, said that even if the company isn't technically violating the
law, it's still sending the wrong message.
"It just seems
so superficial and kind of stupid," she said. "I don't think I'm the
most attractive person in the world, but I don't think I'm so hideous
you have to shove me into a back room".