Firing ‘ugly’ employees: Illegal or just stupid?
August 14, 2009 by Sam NarisiPosted in: In This Week's E-Newsletter, Latest News & Views, Law
The CEO of a clothing retailer recently sent out a memo to middle managers: Fire all your ugly employees.
An e-mail was recently leaked online in which American Apparel CEO Dov Charney demanded store managers send him pictures of every employee. His master plan: look over every photo personally and fire anyone he considered ugly.
According to the manager who leaked the e-mail, Charney was attempting to “tighten the AA aesthetic” in response to a recent dip in sales. He believed the cause was a lack of beautiful people behind the counters.
It’s a situation that seems ripe for legal action, but there’s a catch: Male and female employees appear to be targeted equally. If Charney was firing homely women while judging men based on performance, you’d bet there’d be a lawsuit coming.
Treating everyone badly, though, is allowed in most cases.
Incidentally, Charney does have plenty of courtroom experience. He’s been sued for sexual harassment multiple times, included allegations that he conducted job interviews in his underwear and gave one female employee a sex toy.
August 14th, 2009 at 9:17 am
Then he needs to hire people as model / {job title} so he can discriminate on looks.
August 14th, 2009 at 10:09 am
If you think it will help your business and sales actually does go up – you would say it was a good, maybe stupid, move for the company.
August 14th, 2009 at 11:16 am
While incredibly shallow – and the reason I will be sure NOT to shop here (and this guy sounds like a real prize, employees should do themselves a favor and unite together, and all find another more respectful place to work), I’m not sure what labor statute would be violated if there is truly not any adverse impact to any protected group….
August 14th, 2009 at 2:18 pm
Wonder how “pretty” Charney is???
August 14th, 2009 at 2:44 pm
How does a guy like this become a CEO???
August 14th, 2009 at 3:07 pm
I have never been deterred from shopping at a store based on employees looks but have boycotted stores/businesses when confronted with rude employees or where management treats employees like dirt in front of customers.
Besides, what one person may consider “ugly” others may consider “pretty” its all relative. Honestly, I find the people that are known as “normally pretty” to be rather average and the people that most would not give a second look to as more attractive. The whole cookie cutter look is rather boring and when everyone looks a certain way in a company I feel like I’m an extra in a bad cult movie.
August 14th, 2009 at 3:26 pm
Wow – Call me crazy – I focus more on Customer Service Skills. You don’t have to be beautiful to have good customer service skills. In fact, I have seen the employees that think they are beautiful feel they are too good to help anyone and usually more in it for the socializing, not selling.
Unbelievable – I wonder what his interview questions are – or really I am AFRAID to know.
August 17th, 2009 at 10:43 am
Previously, I worked in hotels where this is a common practice. Upper management would often make very strong suggestions about whom you should hire. Although I would often end up with a group of very attractive desk agents, I was never able to distinguish if they were just plain dumb or too beautiful to apply themselves to the work they were hired to do. Scheduling around their auditions was also a nightmare.
August 17th, 2009 at 12:48 pm
I was thinking this could backfire quickly if certain ethnic groups are hit harder than others. The same brash arrogance that likely got him into the CEO spot (someone thought his aggressive self-confidence was an asset) will likey be the same trait that gets him ousted for going just a little too far…
August 19th, 2009 at 1:50 pm
[...] The result? As long as you are applying the standard equally to wome and men, there is probably no actionable recourse. [...]
August 20th, 2009 at 3:53 pm
I just googled him. He’s no prize.
August 21st, 2009 at 11:53 am
Because of the style of his clothing line I understand his business logic but disagree on his hiring criteria. Some models are actually not really attractive only “different” looking and tall. He is neither…in my opinion.
August 21st, 2009 at 1:02 pm
I can’t believe in this day and age someone could be so shallow. I just googled his name – brings up a bunch of images. He certainly is the pot calling the kettle black!! How dare HE call anyone ugly?
August 21st, 2009 at 1:53 pm
Pretty sure Pharmaceutical companies openly practice this. Have you ever seen an “ugly” drug rep. Doubt it. Looks sell…… everything.
August 21st, 2009 at 4:06 pm
COME ON H.R.RECRUITING THIS IS AN OLD SUBJECT WRITTEN ABOUT FROM ANOTHER H.R. COMPANY MONTHS AGO, ON THE INTERNET. YOU CAN DO BETTER WHEN LOOKING FOR SOMETHING NEW TO OFFER US AND OUR FEEDBACK..
August 24th, 2009 at 7:41 am
If Dov ever truly looks in the mirror, he would have to fire himself.
August 27th, 2009 at 8:42 am
And he is a CEO??!! Who hired him and why? He is a lawsuit waiting to happen. Holy cow, I cannot believe someone would want him in that position. Shame on that company.
September 16th, 2009 at 11:50 pm
I goggled Dov Charney, CEO of American Apparel. Based on his “Master Plan” I’d say he needs to be fired. He’s no prize.