Retailer - Fall 2012


In this issue:

- Retailer's Recap

- Noteworthy Numbers

- News and Analysis

- What Are Retailers Doing About the New Health Law Requirements?

- EEOC Plows Ahead on Systemic Discrimination, Despite Slapdowns From the Courts

- Nobody "Likes" Employers Who Demand Non-Public Social Media Information

- Oh, for Cryin' Out Loud! Now "At-Will" Disclaimers Are Illegal?

- Court Enforces Private FLSA Settlement

An excerpt from "Retailer's Recap":

Religious exceptions to appearance codes continue to bedevil retailers. In 2011, the U.S. Equal Employment Opportunity Commission sued Abercrombie & Fitch for allegedly refusing to allow a Muslim sales employee to wear a hijab, the head covering that Muslim women wear. Recently, another Muslim woman has sued Walt Disney Co. for the same thing, although Disney says that it made repeated attempts to accommodate the employee, all of which she rejected. Title VII of the Civil Rights Act of 1964 protects the right of employees to exercise their religious beliefs, as long as the beliefs are "religious" in nature and are sincerely held, and as long as allowing the exercise does not create an "undue hardship" for the employer. Appearance is a sensitive issue in retail environments, where customer perceptions are so important. In the Abercrombie case, the company is expected to argue that the hijab was not consistent with the "all-American look" that is Abercrombie's signature. Will that one fly? We'll see.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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