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Tel Aviv, Israel - Religious Woman: H&M Fired Me over 'Cultural Gap' |
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The woman, L., says she is eligible for compensation due to the damage caused to her income and the distress and discrimination she suffered.
H&M, an international fashion chain based in Sweden, is about to open its first stores in Israel in spring 2010 and has been recruiting a managerial staff to set up the local branches.
"I was interviewed in February by the designated CEO and chairman of the local chain," L. says. "The designated human resources manager told me I had been accepted and that I would assume the position when the branches open this summer.
"In April, a team from the chain's management abroad visited Israel in order to examine the market here, and I was asked to accompany the guests throughout their visit. The visit lasted three days and was held in a very pleasant atmosphere.
"One evening we went to a restaurant, and when the CEO asked me in advance which restaurant I would recommend I said I would prefer a kosher one. When I found out they were going to a non-kosher restaurant I decided not to go. I could have drunk a glass of water there, but I didn’t want to embarrass the team.
"On another evening they went to a bar. There were four men and me, it was late and it's not my way of hanging out so I decided not to go with them."
"On Friday that week," L. continues, "I signed my work contract and later received an email inviting me to a meeting. Before the scheduled meeting, however, the designated chairman called me and said he was canceling my nomination. I asked why and he began avoiding the matter, uttering something about a cultural gap.
"I have lived a few years of my live abroad and I am well familiar with the Western society, so I couldn’t understand what cultural gap he was talking about. But he avoided me and did not give me a clear response.
"I later sat with the woman at the manpower service which referred me to them in the first place, and she also said something about a cultural gap, explaining that I didn't attend that dinner. I took it very hard. I cried for days, and I still believe it was really wrong.
"I still haven’t managed to talk to the CEO and have received no explanation or clear answer about why they canceled my nomination. I believe this is discrimination, both because I am a woman and because I am religious."
Why did they take you in the first place if they don't want a religious woman, as you claim?
"They didn't know I was religious, and it's not something a person should declare from the start. I thought I was living in a democratic country."
Not all of the clothes sold by this chain are modest. Didn't you have a problem selling these clothes, managing professional campaigns with models presenting them and walking around stores where people are trying them on?
"No, I had no problem with this issue. I'm not that religious and it doesn’t bother me."
What about working on Shabbat? Is it possible that they don’t want you because the chain's stores are meant to be open on weekends and the managers must be available then?
"I don’t know."
What does the chain abroad think about this case?
"I have no idea, and it's an interesting question. I assume that if they know the reason they won't like it."
L. filed the lawsuit through Attorneys Shai Edri and Zvi Helfgott of the Helfgott-Edri law firm. "What we have here is a clear case of double discrimination, both because of her being a woman in a company with a majority of male managers and because of the religious issue.
"I'm not saying they should have taken guests from abroad to a kosher restaurant or give up on a night out at a bar, but the fact that she didn't accompany them shouldn't have bothered them. If her presence at these events was essential they should have gone to a kosher restaurant and to a modest place of leisure."
The H&M chain said in response, "We were in touch with her and decided not to hire her due to her incompatibility with the position."
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Read Comments (27) — Post Yours »
1
Jul 23, 2009 at 03:18 PM Anonymous Says:
boycot h&m
2
Jul 23, 2009 at 03:18 PM Anonymous Says:
Under Isreaeli law, all employment offers are "at will" and either side can withdraw without any reason. Absent any "proof" of religious discrimination, they can fire her any time without cause. Not fitting the "image" they are trying to project is sufficient reason to fire her (e.g. Gotex could decide not to hire a heimeshe looking middle age baalabusta as a swimsuit model) However, if she can show that shabbos observance was the cause, than she has a good lawsuit since employers MUST make reasonable accomodatiion (as is also the case in the U.S.).
3
Jul 23, 2009 at 03:17 PM anti-religious Says:
Sounds like discrimination due to religious observances.
4
Jul 23, 2009 at 03:27 PM Ben Says:
Boroch Hashem! Something new to demonstrate about...
5
Jul 23, 2009 at 03:35 PM buy a brain from one of those 'rabbis' who were arrested today Says:
“ boycot h&m ”
why should we boycott h@m??? that will not solve the problem. let them fight it out in court and thats that. even if are anti semites do you realize how many anti semites in the world? il put down money that every brand of your clothing or even every brand on any object in your home or any company in the world has at leat one anti semite working there so should we just boycott everything! its like if somebody went to a doctor and got a bad dianosis, should he boycott doctors for the rest of his life? your pashut an idiot and with people like you in the world its no wonder why everybody has to read things very slowly and simply in monosyllabe and why our newspapers our on a 6th grade reading level and so on. im sick and tired of dealing with complete idiot who either dont think befor they speak or just have no brain and for some reason speak anyway. please keep your mouth shut and now i have to also say please do not type anything either because when i said talk you may concur that you can still type so i just wanted to clear that up
6
Jul 23, 2009 at 03:31 PM dont jump right away Says:
keep in mind we are only hearing her side of the story, is it possible for one minute that after spending time with her they decided she wasnt the right person for the job?
7
Jul 23, 2009 at 03:39 PM Anonymous Says:
“ boycot h&m ”
Why? There is a culture gap. What I don't understand is why she wants to be working there in that environment. This is "corporate culture." You are part of a "team," You don't qualify for the team, you're out. This will include Shabbat availability guaranteed "to be fair to all." Team building exercise include eating out, mixing socially men and women. It is a FASHION business. They expect employees to project their "image."
She's not "that" religious but religious enough to note some clothing is immodest? I guess she can't project the company image if that's the case. Companies like this do have their hands tied by laws that prevent asking about religion, etc.
The solution is not to boycott after the fox has been let into the hen house but to prevent his entry at all. Foreign companies who wish to do business here need to respect the norms of OUR culture and close the gap by adjusting their team playbook. But since they are linchpins in the Globalization of everyplace, they won't.
Jobs are hard to come by but I recommend that job seekers have realistic understanding of what their target companies are about.
This is the reality of modern corporate "culture",,,team spirit. I am very saddened to see it come to Israel since it is what made us unemployable in the US and plunged us into poverty. Not everyone has the entrepreneurial spirit or talents to go it alone. Most people need "a job."
8
Jul 23, 2009 at 03:46 PM Anonymous Says:
“ Under Isreaeli law, all employment offers are "at will" and either side can withdraw without any reason. Absent any "proof" of religious discrimination, they can fire her any time without cause. Not fitting the "image" they are trying to project is sufficient reason to fire her (e.g. Gotex could decide not to hire a heimeshe looking middle age baalabusta as a swimsuit model) However, if she can show that shabbos observance was the cause, than she has a good lawsuit since employers MUST make reasonable accomodatiion (as is also the case in the U.S.). ”
Doesn't cover "requirements of the job" which is so vague it can be applied to policies put in place for "team building" activities like going to a treif pizzeria after work on Friday. You don't participate in "team building," you can't be part of the team. "Of course you have the right to your religion but we have the right to run our company as we see fit." or we have other Jewish, muslim, buddhist employees and they don't have a problem with it."
Been there, done that and no lawyer would touch it.
9
Jul 23, 2009 at 03:58 PM Meir Says:
What culture gap? Because she told the customers that they could only purchase black long- sleeved outfits for the Israeli summer?
10
Jul 23, 2009 at 04:27 PM Snius Yiddle Says:
How do the Bedouin dress in summer?
11
Jul 23, 2009 at 04:23 PM Anonymous Says:
It sounds like she wasn't direct enough concerning her calcellation and crying for days doesn't cut it either. (I am a woman and crying has no place here). She should have been clear about her not wanting to go to those places and why, and appears to have skirted (pun intended) the issue at hand.
12
Jul 23, 2009 at 05:26 PM Chochom Says:
“ How do the Bedouin dress in summer? ”
Bedouin dress the way they want, they don't force others to dress their way.
13
Jul 23, 2009 at 05:24 PM Aharon Says:
“ How do the Bedouin dress in summer? ”
Light colored, loose fitting clothes that help with the heat.
14
Jul 23, 2009 at 05:12 PM Anonymous Says:
“ why should we boycott h@m??? that will not solve the problem. let them fight it out in court and thats that. even if are anti semites do you realize how many anti semites in the world? il put down money that every brand of your clothing or even every brand on any object in your home or any company in the world has at leat one anti semite working there so should we just boycott everything! its like if somebody went to a doctor and got a bad dianosis, should he boycott doctors for the rest of his life? your pashut an idiot and with people like you in the world its no wonder why everybody has to read things very slowly and simply in monosyllabe and why our newspapers our on a 6th grade reading level and so on. im sick and tired of dealing with complete idiot who either dont think befor they speak or just have no brain and for some reason speak anyway. please keep your mouth shut and now i have to also say please do not type anything either because when i said talk you may concur that you can still type so i just wanted to clear that up ”
i hope and pray that we dont have tisha bav this year but if we do its because of people like you. shkoyach
15
Jul 23, 2009 at 06:34 PM Anonymous Says:
“ why should we boycott h@m??? that will not solve the problem. let them fight it out in court and thats that. even if are anti semites do you realize how many anti semites in the world? il put down money that every brand of your clothing or even every brand on any object in your home or any company in the world has at leat one anti semite working there so should we just boycott everything! its like if somebody went to a doctor and got a bad dianosis, should he boycott doctors for the rest of his life? your pashut an idiot and with people like you in the world its no wonder why everybody has to read things very slowly and simply in monosyllabe and why our newspapers our on a 6th grade reading level and so on. im sick and tired of dealing with complete idiot who either dont think befor they speak or just have no brain and for some reason speak anyway. please keep your mouth shut and now i have to also say please do not type anything either because when i said talk you may concur that you can still type so i just wanted to clear that up ”
I have 2 words for you "ANGER MANAGEMENT"
16
Jul 23, 2009 at 06:28 PM Anonymous Says:
“ why should we boycott h@m??? that will not solve the problem. let them fight it out in court and thats that. even if are anti semites do you realize how many anti semites in the world? il put down money that every brand of your clothing or even every brand on any object in your home or any company in the world has at leat one anti semite working there so should we just boycott everything! its like if somebody went to a doctor and got a bad dianosis, should he boycott doctors for the rest of his life? your pashut an idiot and with people like you in the world its no wonder why everybody has to read things very slowly and simply in monosyllabe and why our newspapers our on a 6th grade reading level and so on. im sick and tired of dealing with complete idiot who either dont think befor they speak or just have no brain and for some reason speak anyway. please keep your mouth shut and now i have to also say please do not type anything either because when i said talk you may concur that you can still type so i just wanted to clear that up ”
dude, you've got to chill out, take some fresh air, if your gonna take everybodys comment so personal I suggest you stop reading, its not healthy to be so mad especially over a silly comment
17
Jul 23, 2009 at 06:18 PM Proffessional frum woman Says:
I really think that she should have explained to H&M why she didn't want to come to these various events. If she would have explained clearly that A) she is religious and only eats kosher and B) she will be uncomfortable in a bar (or wherever) due to modesty and her religion then they would not have been able to rescind their job offer, becuase it would have been too obvious and they would have been forced to accept it.
It sounds like she just handeled this badly. (I know of friends who once a year HAVE to go to a work related thing with co-workers and make it clear that they are unable to come if it is not in a kosher place)
Also, in my experience, as a frum person in a non-jewish/ secular workplace, if you explain that you can't do something due to your religion (and your consistent) then they will often respect that. (this doesn't always pan out this way with secular israelis- but I think it was the swedish ppl and I doubt they would've been able to object).
I really think that schools n seminaries need to teach frum girls how to conduct themselves in a proffessional, yet frum manner in secular workplaces. I think so many frum girls are embarassed or afraid to just say they are uncomfortable with something, or that they can't do something or go somewhere becuase of their beliefs, and I reallly think that often goyim and secular jews will respect us if we are less afraid to just do what we think is right and just explain that we are religious.
18
Jul 23, 2009 at 07:00 PM oh ---- Says:
give me a break what a waste so she couldnt be at the job so what! go on with your life!!!
go get another job!
19
Jul 23, 2009 at 07:29 PM Anonymous Says:
H&M US does not have a corporate office. All corporate positions are located in Sweden. The US however has a NY Support Office, which houses several key functions. Regardless of Israel law, the H&M headquarters in Sweden should be most concerned with world opinion of this intl brand.
Sweden:
Nils Vinge, Head of Investor Relations
H & M Hennes & Mauritz AB
Sverigekontoret
SE-106 38 Stockholm
Tel: +46 (0) 8 796 55 00
Fax: +46 (0) 8 20 80 94
United States:
H&M Hennes & Mauritz LP
215 Park Ave. South, 15th floor
New York, N.Y. 10003
Tel: +1 - 212 564 9922
20
Jul 23, 2009 at 07:42 PM Anonymous Says:
“ give me a break what a waste so she couldnt be at the job so what! go on with your life!!!
go get another job! ”
yes...just go find another job, because there are so many jobs out there, waiting to be filled, we are overflowing with jobs, we have 10 times more jobs than people looking for jobs...
21
Jul 23, 2009 at 10:01 PM Suri Says:
“ It sounds like she wasn't direct enough concerning her calcellation and crying for days doesn't cut it either. (I am a woman and crying has no place here). She should have been clear about her not wanting to go to those places and why, and appears to have skirted (pun intended) the issue at hand. ”
I am a woman too- and I think that if she felt so strongly (maybe you wouldn't feel as strongly in this case, which is fine too,everyone is different, but this is how she felt) then she should cry instead of holding it all in.
As long as she wasn't crying AT them, then she should have the right to express her emotions, no?
22
Jul 24, 2009 at 06:15 AM Anonymous Says:
One has to see the point of H&M as well. I am frum and have been working in leading positions internationally and never faced a problem. But if a new employee is neither going to a restaurant nor to another after work event bec. of religious ideology (and I do not question that halachically the religious lady was right) she cannot complain about discrimination. A workplace has to suit the employee and an employee has to fit to the employer. That was not the case here and I suggest the lady should work within a religious environment
23
Jul 24, 2009 at 03:07 AM Anonymous Says:
“ I am a woman too- and I think that if she felt so strongly (maybe you wouldn't feel as strongly in this case, which is fine too,everyone is different, but this is how she felt) then she should cry instead of holding it all in.
As long as she wasn't crying AT them, then she should have the right to express her emotions, no? ”
I think the fact she is crying for so long shows a deficit in emotional maturity. Yes, have a good cry when you get home. Buy yourself a pint of Ben and Jerry's or whatever and then stiffen you jaw and go find another job. This is fashion for heavens sake, she didn't miss an opportunity to save staring children. BTW I am a woman also. There are jobs here. Sometimes we get so focused on what we think we want we miss what is there as a real opportunity.
My husband was focused on being some sort of English teacher, not Misrad ha Chinuk certified. He never got past grunt stage in any US job but has a BA in English. He's in his 50's. Out of desperation he answered an ad for CSR. Well, it turns out he's not a CSR, one of many, he IS the department and has the title of Manager with real managerial responsibility and authority! For the first time in 30 years of working, he got his "beak" and a real opportunity. Sometimes all it does take is a change of perspective.
24
Jul 24, 2009 at 02:56 AM Anonymous Says:
“ I really think that she should have explained to H&M why she didn't want to come to these various events. If she would have explained clearly that A) she is religious and only eats kosher and B) she will be uncomfortable in a bar (or wherever) due to modesty and her religion then they would not have been able to rescind their job offer, becuase it would have been too obvious and they would have been forced to accept it.
It sounds like she just handeled this badly. (I know of friends who once a year HAVE to go to a work related thing with co-workers and make it clear that they are unable to come if it is not in a kosher place)
Also, in my experience, as a frum person in a non-jewish/ secular workplace, if you explain that you can't do something due to your religion (and your consistent) then they will often respect that. (this doesn't always pan out this way with secular israelis- but I think it was the swedish ppl and I doubt they would've been able to object).
I really think that schools n seminaries need to teach frum girls how to conduct themselves in a proffessional, yet frum manner in secular workplaces. I think so many frum girls are embarassed or afraid to just say they are uncomfortable with something, or that they can't do something or go somewhere becuase of their beliefs, and I reallly think that often goyim and secular jews will respect us if we are less afraid to just do what we think is right and just explain that we are religious.
”
Ok, MS. Professional. You've established your credentials in your workplace. This woman has not. Perhaps you work for a company that hasn't bought into B-school inspired "cultural" norms. This woman did what you suggest and this was the treatment she got. You've got it wrong about secular Israelis. ( my husband's boss is secular but his parents are frum in B'nei Barak so you never know) Most understand the objections and WOULD in fact give her some leeway. It's because H&M is a goyish Globalist company they need a uniform "culture" so all their employees Worldwide are treated the same.
I really think that frum Jews like yourself need to start showing preference in hiring to other Jews who can't find or keep jobs in the Global marketplace because of their observance as happened to us in the US. Not every place is NYC where they're used to us.
25
Jul 24, 2009 at 02:46 AM Anonymous Says:
“ How do the Bedouin dress in summer? ”
In very loose light weight, natural fiber, black garments that allow air to circulate and nothing, I mean NOTHING underneath. Not constructed clothing made of polyester worn in layers with undergarments, hose and closed shoes. Besides, they are used to it. Hard to a/c a tent.
26
Jul 24, 2009 at 08:42 AM Anonymous Says:
H&M has been in Israel for a number of years already - what do they mean when they say that they're now expanding into Israel????
27
Jul 24, 2009 at 09:23 AM PMO Says:
I don't get it. What is the problem here? The company decided she was not the right person for the job. For whatever reason. Maybe her behavior came off as antisocial and they wanted someone more spirited who would participate more. Why is that a problem?
I worked for a healthcare organization at one time. They operated various medical facilities all over FL. One of the departments under me required staff to be there 24x7x365. The ability to work a shift schedule that would include nights and weekends was REQUIRED. I can't tell you how many friends were upset with me that I could not get them (or their recent college grad children) jobs in this department when I was hiring. I said, you have to be willing to meet the requirements of the job. It is not discrimination, it is necessary to ensure that these medical facilities had the right staff to support technology and equipment at all hours. I had another woman claim that I was anti-family because I fired her for not showing up to work on 1 out of every 4 days she was scheduled for 2 months (especially on the late nights and weekends). She claimed that I was discriminating against single moms who had to care for their children. No.... I was discriminating against a lazy jerk who agreed to do a job that she had no intention of doing and figured she could lie and weasel her way through.
To this woman: Get over it. Get on with you life. They don't want you. You're not what they are looking for. Quit your crying and start pounding the pavement for a new job.