University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hawk v. Abercrombie & Fitch Co. EE-NJ-0117
Docket / Court 03-cv-05491 ( D.N.J. )
State/Territory New Jersey
Case Type(s) Equal Employment
Case Summary
On November 19, 2003, a plaintiff filed suit under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., against Abercrombie & Fitch Co. in United States District Court in the District of New Jersey. The plaintiff, represented by private counsel, asked the Court ... read more >
On November 19, 2003, a plaintiff filed suit under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., against Abercrombie & Fitch Co. in United States District Court in the District of New Jersey. The plaintiff, represented by private counsel, asked the Court for injunctive and equitable relief including punitive damages, alleging that the defendant engaged in systemic discrimination against African-Americans. Specifically, the plaintiffs contended that the defendant routinely refused to hire African-Americans because they did not fit the Abercrombie "look." Hawk v. Abercrombie, 23145625 WL 3-9 (D.C.N.J. 2003). While the plaintiff took the time to file with EEOC, and also file in Court (Judge Rodriguez) the case never went anywhere beyond these initial filings and the complaint.

On December 5, 2003, the plaintiff moved to voluntarily dismiss the case. The Court (Judge Rodriguez) granted the motion without prejudice and the case was closed that same day.

Matthew Aibel - 05/06/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Defendant-type
Retailer
Discrimination-area
Hiring
Discrimination-basis
Race discrimination
General
Pattern or Practice
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Abercrombie & Fitch Company
Plaintiff Description A black female applicant for a job at Abercrombie & Fitch filing on behalf of herself and all minorities who unsuccessfully applied for a position
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2003
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:03-cv-05491-JHR (D.N.J.) 11/19/2003
EE-NJ-0117-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 11/19/2003 (2003 WL 23145625)
EE-NJ-0117-0001.pdf | WESTLAW | Detail
Document Source: Westlaw
Judges Rodriguez, Joseph H. (D.N.J.)
EE-NJ-0117-9000
Rosen, Joel B. (D.N.J.) [Magistrate]
EE-NJ-0117-9000
Monitors/Masters None on record
Plaintiff's Lawyers Greenberg, Traci M. (Pennsylvania)
EE-NJ-0117-0001 | EE-NJ-0117-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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