What happened

On November 10, 2004, the EEOC sued Abercrombie & Fitch in the Northern District of California, alleging recruiting and hiring that excluded minorities and women and a restrictive marketing image that limited their employment—what coverage called the A&F Look. The agency announced a consent decree that, it said, would pay $50 million to resolve that lawsuit along with two private class actions, Gonzalez and West. The decree enjoined race discrimination, including against African Americans, Asian Americans, and Latinos, and sex discrimination against women. It also required diversity recruiting, a vice president of diversity, training, and marketing materials that reflected diversity.

AP reported the court-approved split as $40 million for Black, Hispanic, and Asian employees and applicants and $10 million for fees and monitoring. MALDEF, a plaintiff group on Gonzalez, said the $40 million fund included women as well. CBS reported Judge Susan Illston approved the decree and that the agreement contained no admission of wrongdoing. Those are settlement terms, not findings after trial. The dollars cover race and sex claims together; this file will not pretend they are a Black-only verdict amount.

The Cookout read

Mixed. A national retailer building a nearly all-white Look, then paying tens of millions to resolve allegations that Black workers and other excluded groups were locked out, is a real employment-civil-rights file. The company did not admit liability. Keep the EEOC’s $50 million announcement and the press $40-million-plus-fees split in the same episode, labeled as a consent decree—not a jury’s word, and not a gift.