I think fishin' is right that nobody can use race or gender as a stated criteria for hiring. This doesn't mean that there can't be trends in hiring, as with BET, but if BET came out and said "we will
only hire black people", they would be in trouble, legally.
When I was running my center, I couldn't say that I would hire Deaf people. The closest I could come was to say, "Deaf people encouraged to apply."
It's all about most qualified, essential functions, etc.
So if A & F is saying that they have a policy based on race/ appearance and that's their right, they're wrong, and will lose. If they're contesting that it is their policy at all, they have a chance.
If this kind of stuff can be proven, doesn't look good for them:
Quote:"'We're sorry. We can't rehire you because we already have too many Filipinos working at this store,'" recalls Ocampo. "Too many Filipinos. That was her exact words
I was speechless. I didn't really know what to say. I've never seen racism that explicit prior to that."
And if this kind of stuff can be proven, it
shouldn't look good for them, IMO.