* Lawsuit claims discrimination is retailer's policy
* Wet Seal worried over "brand image" -- lawsuit
* Wet Sea says it is equal opportunity employer
July 12 (Reuters) - Wet Seal Inc has been sued by three former employees who accused it of discriminating against black store managers because they did not fit the image the U.S. retailer, which sells clothes for young women, wanted to convey.
According to a complaint filed Thursday in a federal court in Santa Ana, California, "the most senior executives" of Wet Seal adopted a "policy and practice" of discriminating against black store managers at Wet Seal and Arden B stores from at least 2008 because those workers did not fit its "brand image."
Wet Seal in a statement said it is an equal opportunity employer with a diverse workforce.
"We deny any and all allegations of race discrimination and will vigorously defend this matter," the company said.
The Wet Seal complaint quotes, among others, a senior vice president of store operations who allegedly emailed subordinates on March 3, 2009, after touring 20 stores in the Philadelphia area and Maryland, writing: "Store teams - need diversity/African American dominate - huge issue."
One plaintiff, Nicole Cogdell, claimed she was fired from her job at a King of Prussia, Pennsylvania, store the day that email was sent, despite having been promoted to store manager just two months earlier.
Cogdell, who is black, claimed she was replaced by a white employee who had less experience and was paid more, after having overheard the senior vice president lamenting that she wanted a store manager with "blond hair and blue eyes."
The lawsuit seeks class-action status on behalf of more than 250 current and former black managers at Wet Seal, which is based in Foothill Ranch, California. The lawsuit seeks back pay and benefits, punitive damages and other remedies.
By contending that discrimination was company policy rather than the fault of individual managers, and led to disparate pay and promotions, the plaintiffs are trying to work around a 2011 U.S. Supreme Court decision to decertify a class of more than 1 million women suing Wal-Mart Stores Inc for gender bias.
In that case, the court said it was improper to let the women sue collectively over thousands of separate employment decisions, given that they did not show "significant proof that Wal-Mart operated under a general policy of discrimination."
The other plaintiffs in the Wet Seal lawsuit include Kai Hawkins, who worked in several of the brand's stores, most recently in Cherry Hill, New Jersey; and Myriam Saint-Hilaire, who also worked in the King of Prussia store, according to the complaint.
Thursday's lawsuit echoes a case nearly a decade ago accusing retailer Abercrombie & Fitch Co of hiring and promoting whites at the expense of blacks, Hispanics and Asians.
Abercrombie agreed to pay $40 million and improve diversity to settle that case.
Among the lawyers bringing the Wet Seal case are Brad Seligman, who led the plaintiffs' case in the Wal-Mart litigation, and the NAACP Legal Defense & Educational Fund.
Wet Seal operates about 470 of its namesake stores and 83 Arden B Stores in 47 U.S. states and Puerto Rico.
The case is Cogdell v. Wet Seal Inc et al, U.S. District Court, Central District of California, No. 12-01138.
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
Contribute as little as $2 to keep our journalism free and accessible to all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.
Support HuffPostAlready contributed? Log in to hide these messages.