Some retailers work hard to cultivate a certain look or image, and they may even choose employees who fit this look.

Abercrombie & Fitch, for example, seems to link itself to a clean-cut, all-American image. At one point a lawsuit claimed that Abercrombie & Fitch systematically “refuses to hire qualified minority applicants as brand representatives to work on the sales floor and discourages applications from minority applicants” (Abercrombie replied that it has “zero tolerance for discrimination”). 130 We know that the Hooters restaurant chain is notorious for its attractive female waitresses. Should a retailer have the right to recruit employees who are consistent with its image even if this means excluding certain types of people (e.g., non-

Caucasians, men) from the sales floor?