Religious Accommodation Memo
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Policy for Religious Accommodation
Sharon Barodawala
Global Head of HR
H&M
“Everyone talks about building a relationship with your customer. I think you build one with your employee first” – Angela Ahrendts
Memo for the senior management. "Does it exclude people? Absolutely. We are the cool brand" were the words of Mike Jeffries, CEO and founder of Abercrombie & Fitch. The present issue in the news describing the case of Samantha Elauf, 17 who was not hired because she wore a head scarf following her religious belief is not the only case against Abercrombie. In the past, there have been rulings in favor of the employee who files a case with the EEOC against …show more content…
Abercrombie for being fired from the job as she wore Hijab (head scarf to be worn by Muslims as a part of their religious belief). This case was reported in 2013 when Umme Hani-Khan was fired from her job after she worked for four months in the store, for the reason that her Hijab did not match the look policy. These cases still have not led to any change in the policy of Abercrombie, which is definitely hurting its sales and stock prices. Looking at the legal side of it, Abercrombie defended Samantha Elauf 's case saying that it barred any sort of headgear as a policy, but this was not mentioned to Samantha nor was there any talk about the religious accommodations that could have been made by the company. This is the time when we at H&M should revise our policy and be welcoming to all the religiously strong, talented, bright, enthusiastic young generation to be a part of the H&M family worldwide. If at any time our hiring policies, knowingly or unknowingly is based on the look factor, we may definitely run in to legal problems looking at the current situation and how things are turning out for Abercrombie. The marketing also should not be done in any manner that raises eyebrows. We have to very carefully carve out the Look policy accommodating all religious beliefs. This will be the perfect time to do so and can make us have some share of good publicity which will directly or indirectly in the future lead to higher sales as well as diverse work force. More importantly we will have workforce which will be happy and lead us long way to success in the industry. We at H&M are already doing many things which is environmentally and socially acceptable and acknowledged like the "New love for old clothes”. We have adopted this policy after having a black eye in public relations in 2010 where our clothes were shredded and left for trash on New York City streets. Our policy has been a success as the green initiatives are always welcomed by the society and it also goes well with the commercial objectives. This time instead of being reactive, and waiting for something like this to happen and then acting; let’s be proactive and take advantage of the rival company 's weakness to strengthen our company 's position in mind of the people. This will help us trigger the sensitive issue of religion to our advantage and also lead to the feeling of acceptance amongst those who feel discriminated or excluded by Clothing stores. Let’s join hands together with all the people out there seeking jobs and give them a chance to equal opportunity.
Revised dress policy In 2012, our CEO announced the expansion of the company into the under developed markets and make a stronger push into areas like online retailing. In order for the company to grow vision and the ability to implement that is very crucial and important. Alongside the physical growth in presence of the company, we have to look into growing in the minds and heart of our employees, future employees and our customers. This will pave way to overall healthy growth of the company. The rich history of our company reflects the value of the customers in its very foundation. When Mr. Erling Persson, the founder of H&M expanded and diversified the company, he passed the savings onto the customers rather than increasing the profits and margins.2 (Hennes & Mauritz, 2012). Keeping this in mind and the culture of H&M we should take conscious efforts towards crafting new look policy for employees and be seen as a truly Equal opportunity employer to make a new policy all our core values will be respected.
1. First, keep it simple; we want to be seen as a company which does not have complicated look policies which can drag us to the legal suits.
2. Second, Straight forward and open-minded; by revising the policy we can be clear in our hiring process, all inclusions, and be open to changes if need be.
3. Third, constant improvement; we doing this effort to change and re-build the policy shows that we believe in this value.
4. Fourth, entrepreneurial spirit; the spirit to grow together as a company taking care of its employees.
5. Fifth, Cost conscious; we are being proactive in our approach and trying to cut down all our legal costs which this religious accommodation can bear us.
6. Sixth, team work; we are encouraging a diverse work force imbibing value of team work.
7. Last but not the least, Belief in people; our employees and customers are the most important assets we have and to believe in them and respecting their beliefs is the right thing to do. Religious matters are normally very sensitive issue to be touched by the managers at an interview or in the company in general. For a global company like us, which has functions outside of the national origin, supply chains and distribution channels spread worldwide and stores located in many countries, we have to make room for all religious beliefs and make sure not to hurt any. Religion can be defined in multitudinous ways depending on the country, region or race. In the United States however we follow the definition of religion as given by Title VII of the U.S. Equal Employment Opportunity Commission. It says that religion is not only limited to the commonly followed traditional practice, but also the beliefs that are observed by small group of people. It is also clearly mentioned in the article that religious practices include attending worship services, wearing religious garbs, displaying religious objects, adhering to certain dietary rules, and refraining from certain activities 1 . It is becoming ever more important for the managers to comply with these standards, given the recent cases of religious discrimination. We at H&M should make the employees feel that they are in an inclusive environment. By designing this new policy we can take advantages of the diverse workforce we would generate think creating a work environment where everyone feels aligned with the company and feel respected for who they are, would bring out the best in them. The Title VII also mandates that employers have to reasonably accommodate the employees ' religious beliefs. This mean adjustments done by the company so that the employee can practice his/her religion at the work place. If we at our company provide these and find the right balance it would definitely increase the employee morale and productivity ultimately.
The accommodations for the look policy will not incur any cost to the company, unlike accommodating for food, or special room to perform prayers etc. Also, it is important to provide meaningful accommodation to the employee, such as the dress policy because they can handle the food and prayers on their own within or outside the work place. Our new policy should be designed in such a way that it avoids four legal causes of action: 1) failure to accommodate, 2) religious harassment, 3) Disparate treatment, and 4) retaliation3. All managers during the recruiting process are supposed to ask the potential candidate if they require any special accommodations. If yes, the manager should ask them to specify and note them down. The recruiter should not make any personal comment during the interview. There should be strict, loud and clear rules at the work place about intolerance towards any religious comments, which may work environment hostile for the employee. We will conduct workshops for all the employees of the store on a regular basis which will simulate respect towards all the cultures in the workplace. This will help reduce any unwanted situation to surface within the workforce leading to any law suits against the company. Since we will not be discriminating any employee based on their physical/religious garbs, there may be instances when unknowingly these employees may be treated differently by the managers or the fellow employees. The examples could include posting them to the back store to manage inventories and not come in contact with actual customers, making remarks about how different they look or believe in. To handle these situations, our policy of recruiting will be based on clear merits and credentials of a candidate, not on the terms of being very open to cultural differences or being very strict on the looks. We intend to have strict selection criteria and performance criteria for promotions. If by any chance a case occurs where an employee or the potential candidate feels that he/she have been terminated or not hired respectively due to their religious beliefs/practices, we will have a the employee first approach the HR department, with the problem he/she faces and a detailed documentation procedure will be followed, including the instance of why they had the complaint, the policy book of the company will be studied again and there will be a quick fixation of the complaint by arranging an urgent meeting/ priority meeting with the top ,management of the company. This will be a full proof method to approach the case. If under any circumstances the employee fails to have a valid reason for his complaint, the company will present all the necessary documents regarding the policy of the accommodation, the work performance of the employee, detailed history of contributions to the workforce and will communicate these primarily to the employee. If the complaint still persists then the legal action will be taken.
Guidelines for dress policy in retail stores
ACCEPTABLE DRESS CODE
For Women
Leggings with a dress or considerable length of blouse.
Dress which can be of any color, not too shiny and sequined.
Dress pants and shirt.
Headscarf as a part of religious belief, Hijab, veil, Dress.
Accessories which are not too loud, limited to a ring, light neck piece and earrings. Body piercings which can be covered are acceptable.
Light colored lipstick or no lipstick, natural tone make up.
Cardigans.
Comfortable, neutral colored shoes.
For Men
Trousers and shirt casual.
Suit
Tie
Casual sweater or jacket
Black or brown formal shoes
UNACCEPTABLE DRESS CODE
For Women
Leggings with a short blouse.
Shiny or party dress.
Trendy hats or fancy bandanas are prohibited.
Loud accessories like long heavy necklaces, too shiny stones. No facial or visible body piercings.
Heavy makeup and too dark lipsticks are prohibited.
Stilettoes which can cause discomfort and loud colors are not accepted.
For Men
Tight ripped jeans.
Polo neck tee shirts
Sweatpants and Sweatshirts.
Beard should be trimmed and kempt, if not totally shaved.
Fancy hats or bandanas.
Long chains or any gaudy accessories.
Any Sport shoes, or bright colored footwear, slippers
Training Module
Generally when the word, training is heard we think it applies to only to the employees of any organization. At H&M, we strive to have perfection inside out. Hence I propose a training module for the managers, HR unit, and all the personnel involved with recruiting, selecting, and training of the employees.
MOCK INTERVIEW SESSIONS
Starting from May 1st there will be mock interview sessions for all the people at managerial positions or at a position of hiring, firing and training of the H&M employees.
A week before the mock interview sessions start, I will prepare a signup sheet where everyone can book a date for the interview.
There will be cultural simulations starting from the April 15th 2015. In this I will be conducting some activities where in there will be clash of cultures and you have to develop an action plan to handle this situation or to avoid any clash occur completely. This will be done for 2 hours on April 15th following week there will be one more session.
For the Mock interview, each participant shall bring a questionnaire and expect that the candidate giving the interview does require some sort of religious accommodation. The questions should thus be formed in that manner. Each interview will be video recorded for analysis and training purposes.
After that, we will have a final meeting to discuss the conclusion of how will we handle different situation on the basis of the simulations and interviews. A presentation will be made by the Human Resource department including all the final policies, rules and
regulations.
The top management will then be sent this presentation and the final proposal.
Once approved, the Digital and Marketing will start their project on updating the website and developing the plan of how to make this policy known to the customers and potential employees.
This will be rolled on worldwide basis. Every store in every country will have the same religious accommodation and training module will also be same for management in each country.
To ensure, we will be collecting detailed documentation and feedback of the management regarding the interviews and simulations. Also, there will be surprise inspections at any time anywhere in the stores all over.
All the managers should have clear idea of company’s Mission and vision.
Before any process of recruiting or selection of the employees, the look policy book should be read thoroughly. It is not only meant for the people who work but also for the people who hire.
Figure 1: Diagrammatic representation to show the module
Conclusion
H&M respects the religious beliefs and practices of everyone in the world. We are taking this rigorous course of action and providing reasonable accommodation so that it does not create any undue hardship on the business. After all the policies are made, we would still give a room for the employees to have a voice if they experience any sort of conflicts with their religious beliefs at the workplace. They can submit a written request which should include the type of conflict that exists and the accommodation they suggest. This will then be evaluated by the HR immediate supervisor and on basis of the policy and knowledge of the HR personnel an accommodation will be provided. The two parties will meet to discuss the request and decision made for the accommodation. If the employee agrees the decision will be implemented and if not, the employee can follow H&M’s general grievance policy and procedures. Figure 2 gives the sample of the form which will be handed out to the employee who wants some religious accommodation. A request too burdensome to accommodate fully can be negotiated and it will not be entirely employer’s responsibility but be half way between the employee and the employer. We have all seen that Abercrombie has always been in the headlines regarding discriminatory practices and it has affected the stock prices of that company tremendously. At present as the stock price is as low as $22.184. We do not want to experience any drop in the stock prices, especially when we as a company are in the growth phase and expansion is to be undertaken at a decent pace. The start to our 2015 has been great and this policy will, I believe only add to the good things and portfolio of the company (http://finance.yahoo.com/news/h-m-hennes-mauritz-ab-070700050.html;_ylt=AwrC1zEC8xJV4RUAO6CTmYlQ;_ylu=X3oDMTByMHVzM20zBGNvbG8DYmYxBHBvcwMzBHZ0aWQDBHNlYwNzYw ). The retention rates of the employees will increase as they will feel that H&M includes everyone around the globe and truly embraces diversity.
Thank you
Figure 2:
Sample of the request form for religious accommodation
ACCOMMODATION REQUEST FORM
Name of the employee: ____________________________
Employee ID: ______________________________________________
Working Division: ___________________________________________
Religious conflict faced: ______________________________________ _________________________________________________________
Type of accommodation requested: _____________________________
___________________________________________________________
Date:______________ Signature: _________________
References:
1. www.eeoc.gov/eeoc/publications/fs-religion.cfm
2. Hennes & Mauritz, 2012
3. (Acknowledging religious diversity: Opportunities and challenges, Betsy D. Gelb, Teri Elkins Longacre, www.sciencedirect.com)
4. (http://finance.yahoo.com/q?s=ANF)
5.
Policy for Religious Accommodation
Sharon Barodawala
Global Head of HR
H&M
“Everyone talks about building a relationship with your customer. I think you build one with your employee first” – Angela Ahrendts
Memo for the senior management. "Does it exclude people? Absolutely. We are the cool brand" were the words of Mike Jeffries, CEO and founder of Abercrombie & Fitch. The present issue in the news describing the case of Samantha Elauf, 17 who was not hired because she wore a head scarf following her religious belief is not the only case against Abercrombie. In the past, there have been rulings in favor of the employee who files a case with the EEOC against …show more content…
Abercrombie for being fired from the job as she wore Hijab (head scarf to be worn by Muslims as a part of their religious belief). This case was reported in 2013 when Umme Hani-Khan was fired from her job after she worked for four months in the store, for the reason that her Hijab did not match the look policy. These cases still have not led to any change in the policy of Abercrombie, which is definitely hurting its sales and stock prices. Looking at the legal side of it, Abercrombie defended Samantha Elauf 's case saying that it barred any sort of headgear as a policy, but this was not mentioned to Samantha nor was there any talk about the religious accommodations that could have been made by the company. This is the time when we at H&M should revise our policy and be welcoming to all the religiously strong, talented, bright, enthusiastic young generation to be a part of the H&M family worldwide. If at any time our hiring policies, knowingly or unknowingly is based on the look factor, we may definitely run in to legal problems looking at the current situation and how things are turning out for Abercrombie. The marketing also should not be done in any manner that raises eyebrows. We have to very carefully carve out the Look policy accommodating all religious beliefs. This will be the perfect time to do so and can make us have some share of good publicity which will directly or indirectly in the future lead to higher sales as well as diverse work force. More importantly we will have workforce which will be happy and lead us long way to success in the industry. We at H&M are already doing many things which is environmentally and socially acceptable and acknowledged like the "New love for old clothes”. We have adopted this policy after having a black eye in public relations in 2010 where our clothes were shredded and left for trash on New York City streets. Our policy has been a success as the green initiatives are always welcomed by the society and it also goes well with the commercial objectives. This time instead of being reactive, and waiting for something like this to happen and then acting; let’s be proactive and take advantage of the rival company 's weakness to strengthen our company 's position in mind of the people. This will help us trigger the sensitive issue of religion to our advantage and also lead to the feeling of acceptance amongst those who feel discriminated or excluded by Clothing stores. Let’s join hands together with all the people out there seeking jobs and give them a chance to equal opportunity.
Revised dress policy In 2012, our CEO announced the expansion of the company into the under developed markets and make a stronger push into areas like online retailing. In order for the company to grow vision and the ability to implement that is very crucial and important. Alongside the physical growth in presence of the company, we have to look into growing in the minds and heart of our employees, future employees and our customers. This will pave way to overall healthy growth of the company. The rich history of our company reflects the value of the customers in its very foundation. When Mr. Erling Persson, the founder of H&M expanded and diversified the company, he passed the savings onto the customers rather than increasing the profits and margins.2 (Hennes & Mauritz, 2012). Keeping this in mind and the culture of H&M we should take conscious efforts towards crafting new look policy for employees and be seen as a truly Equal opportunity employer to make a new policy all our core values will be respected.
1. First, keep it simple; we want to be seen as a company which does not have complicated look policies which can drag us to the legal suits.
2. Second, Straight forward and open-minded; by revising the policy we can be clear in our hiring process, all inclusions, and be open to changes if need be.
3. Third, constant improvement; we doing this effort to change and re-build the policy shows that we believe in this value.
4. Fourth, entrepreneurial spirit; the spirit to grow together as a company taking care of its employees.
5. Fifth, Cost conscious; we are being proactive in our approach and trying to cut down all our legal costs which this religious accommodation can bear us.
6. Sixth, team work; we are encouraging a diverse work force imbibing value of team work.
7. Last but not the least, Belief in people; our employees and customers are the most important assets we have and to believe in them and respecting their beliefs is the right thing to do. Religious matters are normally very sensitive issue to be touched by the managers at an interview or in the company in general. For a global company like us, which has functions outside of the national origin, supply chains and distribution channels spread worldwide and stores located in many countries, we have to make room for all religious beliefs and make sure not to hurt any. Religion can be defined in multitudinous ways depending on the country, region or race. In the United States however we follow the definition of religion as given by Title VII of the U.S. Equal Employment Opportunity Commission. It says that religion is not only limited to the commonly followed traditional practice, but also the beliefs that are observed by small group of people. It is also clearly mentioned in the article that religious practices include attending worship services, wearing religious garbs, displaying religious objects, adhering to certain dietary rules, and refraining from certain activities 1 . It is becoming ever more important for the managers to comply with these standards, given the recent cases of religious discrimination. We at H&M should make the employees feel that they are in an inclusive environment. By designing this new policy we can take advantages of the diverse workforce we would generate think creating a work environment where everyone feels aligned with the company and feel respected for who they are, would bring out the best in them. The Title VII also mandates that employers have to reasonably accommodate the employees ' religious beliefs. This mean adjustments done by the company so that the employee can practice his/her religion at the work place. If we at our company provide these and find the right balance it would definitely increase the employee morale and productivity ultimately.
The accommodations for the look policy will not incur any cost to the company, unlike accommodating for food, or special room to perform prayers etc. Also, it is important to provide meaningful accommodation to the employee, such as the dress policy because they can handle the food and prayers on their own within or outside the work place. Our new policy should be designed in such a way that it avoids four legal causes of action: 1) failure to accommodate, 2) religious harassment, 3) Disparate treatment, and 4) retaliation3. All managers during the recruiting process are supposed to ask the potential candidate if they require any special accommodations. If yes, the manager should ask them to specify and note them down. The recruiter should not make any personal comment during the interview. There should be strict, loud and clear rules at the work place about intolerance towards any religious comments, which may work environment hostile for the employee. We will conduct workshops for all the employees of the store on a regular basis which will simulate respect towards all the cultures in the workplace. This will help reduce any unwanted situation to surface within the workforce leading to any law suits against the company. Since we will not be discriminating any employee based on their physical/religious garbs, there may be instances when unknowingly these employees may be treated differently by the managers or the fellow employees. The examples could include posting them to the back store to manage inventories and not come in contact with actual customers, making remarks about how different they look or believe in. To handle these situations, our policy of recruiting will be based on clear merits and credentials of a candidate, not on the terms of being very open to cultural differences or being very strict on the looks. We intend to have strict selection criteria and performance criteria for promotions. If by any chance a case occurs where an employee or the potential candidate feels that he/she have been terminated or not hired respectively due to their religious beliefs/practices, we will have a the employee first approach the HR department, with the problem he/she faces and a detailed documentation procedure will be followed, including the instance of why they had the complaint, the policy book of the company will be studied again and there will be a quick fixation of the complaint by arranging an urgent meeting/ priority meeting with the top ,management of the company. This will be a full proof method to approach the case. If under any circumstances the employee fails to have a valid reason for his complaint, the company will present all the necessary documents regarding the policy of the accommodation, the work performance of the employee, detailed history of contributions to the workforce and will communicate these primarily to the employee. If the complaint still persists then the legal action will be taken.
Guidelines for dress policy in retail stores
ACCEPTABLE DRESS CODE
For Women
Leggings with a dress or considerable length of blouse.
Dress which can be of any color, not too shiny and sequined.
Dress pants and shirt.
Headscarf as a part of religious belief, Hijab, veil, Dress.
Accessories which are not too loud, limited to a ring, light neck piece and earrings. Body piercings which can be covered are acceptable.
Light colored lipstick or no lipstick, natural tone make up.
Cardigans.
Comfortable, neutral colored shoes.
For Men
Trousers and shirt casual.
Suit
Tie
Casual sweater or jacket
Black or brown formal shoes
UNACCEPTABLE DRESS CODE
For Women
Leggings with a short blouse.
Shiny or party dress.
Trendy hats or fancy bandanas are prohibited.
Loud accessories like long heavy necklaces, too shiny stones. No facial or visible body piercings.
Heavy makeup and too dark lipsticks are prohibited.
Stilettoes which can cause discomfort and loud colors are not accepted.
For Men
Tight ripped jeans.
Polo neck tee shirts
Sweatpants and Sweatshirts.
Beard should be trimmed and kempt, if not totally shaved.
Fancy hats or bandanas.
Long chains or any gaudy accessories.
Any Sport shoes, or bright colored footwear, slippers
Training Module
Generally when the word, training is heard we think it applies to only to the employees of any organization. At H&M, we strive to have perfection inside out. Hence I propose a training module for the managers, HR unit, and all the personnel involved with recruiting, selecting, and training of the employees.
MOCK INTERVIEW SESSIONS
Starting from May 1st there will be mock interview sessions for all the people at managerial positions or at a position of hiring, firing and training of the H&M employees.
A week before the mock interview sessions start, I will prepare a signup sheet where everyone can book a date for the interview.
There will be cultural simulations starting from the April 15th 2015. In this I will be conducting some activities where in there will be clash of cultures and you have to develop an action plan to handle this situation or to avoid any clash occur completely. This will be done for 2 hours on April 15th following week there will be one more session.
For the Mock interview, each participant shall bring a questionnaire and expect that the candidate giving the interview does require some sort of religious accommodation. The questions should thus be formed in that manner. Each interview will be video recorded for analysis and training purposes.
After that, we will have a final meeting to discuss the conclusion of how will we handle different situation on the basis of the simulations and interviews. A presentation will be made by the Human Resource department including all the final policies, rules and
regulations.
The top management will then be sent this presentation and the final proposal.
Once approved, the Digital and Marketing will start their project on updating the website and developing the plan of how to make this policy known to the customers and potential employees.
This will be rolled on worldwide basis. Every store in every country will have the same religious accommodation and training module will also be same for management in each country.
To ensure, we will be collecting detailed documentation and feedback of the management regarding the interviews and simulations. Also, there will be surprise inspections at any time anywhere in the stores all over.
All the managers should have clear idea of company’s Mission and vision.
Before any process of recruiting or selection of the employees, the look policy book should be read thoroughly. It is not only meant for the people who work but also for the people who hire.
Figure 1: Diagrammatic representation to show the module
Conclusion
H&M respects the religious beliefs and practices of everyone in the world. We are taking this rigorous course of action and providing reasonable accommodation so that it does not create any undue hardship on the business. After all the policies are made, we would still give a room for the employees to have a voice if they experience any sort of conflicts with their religious beliefs at the workplace. They can submit a written request which should include the type of conflict that exists and the accommodation they suggest. This will then be evaluated by the HR immediate supervisor and on basis of the policy and knowledge of the HR personnel an accommodation will be provided. The two parties will meet to discuss the request and decision made for the accommodation. If the employee agrees the decision will be implemented and if not, the employee can follow H&M’s general grievance policy and procedures. Figure 2 gives the sample of the form which will be handed out to the employee who wants some religious accommodation. A request too burdensome to accommodate fully can be negotiated and it will not be entirely employer’s responsibility but be half way between the employee and the employer. We have all seen that Abercrombie has always been in the headlines regarding discriminatory practices and it has affected the stock prices of that company tremendously. At present as the stock price is as low as $22.184. We do not want to experience any drop in the stock prices, especially when we as a company are in the growth phase and expansion is to be undertaken at a decent pace. The start to our 2015 has been great and this policy will, I believe only add to the good things and portfolio of the company (http://finance.yahoo.com/news/h-m-hennes-mauritz-ab-070700050.html;_ylt=AwrC1zEC8xJV4RUAO6CTmYlQ;_ylu=X3oDMTByMHVzM20zBGNvbG8DYmYxBHBvcwMzBHZ0aWQDBHNlYwNzYw ). The retention rates of the employees will increase as they will feel that H&M includes everyone around the globe and truly embraces diversity.
Thank you
Figure 2:
Sample of the request form for religious accommodation
ACCOMMODATION REQUEST FORM
Name of the employee: ____________________________
Employee ID: ______________________________________________
Working Division: ___________________________________________
Religious conflict faced: ______________________________________ _________________________________________________________
Type of accommodation requested: _____________________________
___________________________________________________________
Date:______________ Signature: _________________
References:
1. www.eeoc.gov/eeoc/publications/fs-religion.cfm
2. Hennes & Mauritz, 2012
3. (Acknowledging religious diversity: Opportunities and challenges, Betsy D. Gelb, Teri Elkins Longacre, www.sciencedirect.com)
4. (http://finance.yahoo.com/q?s=ANF)
5.