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| Teen Sues Burger King |
Ashanti McShan was 17 years old when she applied as cashier at the Grand Prairie, Texas Burger King in August 2010, as stated on the suit filed on her behalf this week by the Equal Employment Opportunity Commission (EEOC).
McShan, a member of the Pentecostal Church, informed the Burger King branch that she would need to wear a skirt instead of the uniform pants as her religious beliefs forbid women to wear men's clothing. The employee she spoke to during the interview "assured her that she could wear a skirt to work."
However, as she arrived at orientation, she was told by store management that her skirt was an unacceptable alternative and subsequently sent home. McShan’s calls to higher management went unreturned and she was never asked to return to work.
Such alleged conduct is in violation of the Title VII of the American Civil Rights Act of 1964, which prohibits religious discrimination in the workplace. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks back pay, compensatory and punitive damages, and injunctive relief to ensure that no further discrimination takes place.
"Accommodating Ms. McShan’s religious beliefs would have been simple and cost the company nothing," said EEOC Trial Attorney Meaghan Shepard. "Management’s failure to comply with federal law deprived this teenage girl of the opportunity to work during her senior year of high school."
Regional Attorney Robert A. Canino of the EEOC’s Dallas District Office added, "We haven’t come far enough in our respect of religious liberties at the workplace if we have employers saying that uniform policies trump a religious observance without articulation of any hardship posed by letting an employee ‘hold the pickles’ and ‘hold the lettuce’ while wearing a skirt."
In fiscal year 2011, more than 4,000 charges of religious discrimination were filed with the EEOC.
Gay
ReplyDeletemany years ago a woman wearing pants was not looked at as mens things, and there might be a reason why wearing a dress is not aloud. Religious discrimination, this country is very open to all and any believes, but some times they should be left at home, they don't belong in the work place. An employer should have the right to expect an employee to have rules as long as it don't hurt that employee. why would you apply for a job that goes against your believes?
ReplyDeleteit didnt she was told it wouldnt be a problem
ReplyDeletewell the way i see it she knew that burger king has a dress code just like all the other fast foods places so if she did not want to abide by the dress code then why did she take the position there is a hell of a lot of other kids would take it and adhere to the dress code without all this crap she seems to be another one of those gold diggers wanting something for nothing in this world!
ReplyDeleteI hope Burger King ends up paying this young lady millions. For too long in this country just because someone is different in one way or another, they are considered wrong. It is about time a major mega corporation like Burger King had to pay for thier ignorance.
ReplyDeletePay for what? Holding themselves to a uniform standard? Your a retard! Have you been to other countries? I doubt it! Try being "different" in China or Asia! Good luck..and by the way get the f out of the county if you don't like it...strange how everyone wants to come here except for the ignorant. I think its about time people like you realize it not all about you!
ReplyDeleteIf your religion does not allow you to work on Saturday or Sunday, then don't try to get a weekend job.
ReplyDeleteIf your religion requires you to stop for two hours in the morning for prayer you probably shouldn't apply for the morning commute bus driving position.
Get a life. A company has the right to require a dress code..... What if you came from a clothing optional background and belief structure, should I be forced to see you serve me naked?
Hey maybe she should apply for a job in Pakistan. They are very tolerant and forgiving...just don't curse and you will not end up in jail! Hows that for different. You are ignorant!
ReplyDeleteAnother gold digging cry baby liberal in this country who's parents told her she can "Have it your way right away" lol ...and some attorney who can't wait to settle it for whatever he can get. Welcome to the real work world honey.
ReplyDeleteDon't believe everything she said! Just because she claims to have been told it was ok, doen't mean she actually was. So many people lie today you can't trust anything your told. I actually investigate stories like this one. You would be surprise at how many people lie just to make a buck or to cause legal problems for there cause.
ReplyDeleteIt is discrimination not to let a woman wear a skirt on a job that does not require pants. It is very appropriate to wear a skirt in a kitchen setting. I had issues with this problem many years ago working for a daycare because I had to be sitting on the floor. My supervisor gave up telling me to wear pants. If they would have fired me for wearing skirts, I would have hired a lawyer too. I do not go to this church anymore, but if I still did I would stand up for my beliefs because it truly was a very strong part of my worship and devotion to God. The people who posted earlier, I wish you would do a spell check!!!
ReplyDeleteWhen I worked for IBM we were told not to wear slacks, and NO ONE wore them. We wore skirts even in the winter. Gee, I should have worn slacks and then sued, like these people using their religion as an a excuse. They should put a stop to all this crap. She's lucky to get a job.
ReplyDeletethere was a woman who sued because she wanted to wear a burka that covered her face on her driver;s license picture and probably expected to use it when asked for photo ID, She lost the case. She wanted to appeal because without a license she can not drive. Well, if you choose a religion that restricts your hours, clothing or actions then you should expect to make these "sacrifices" in order to prove your devotion without expecting everyone around you to sacrifice for your choice.
ReplyDeleteA bunch of half Brained Idiots Going off on uniforms . Burger king has a catalog full of uniforms including skirts jumpers and maternity clothes I suggest you do some research before going off on what you think is right when you are wrong. I was a Burger King Manager . I know the rules and guidelines...
ReplyDeleteThere has to be common sense used when doing anything. She know of the rules that were in place. It isn't like they made them up after she was hired to make it difficult for her. She has her religion and if that is hwhat wshe want to have, then it may limit some things she can do. To make everyone happy and equal all of the time is what the US govenment has beentrying to do and all we are left with is a bunch of liberal idiots who want everything for nothing and someone else should pay. Thank you Lawers and Attorneys!!!
ReplyDeletereligion does not belong in the work place wear the uniform or go home uniforms are for safty reasons to many damn bible pushing idiot's keep religion at home .
ReplyDeleteIf the point here is that any employee can dress as she or he wishs at any time they want for any reason, then I fully suport it. Perhaps someone should found the Brotherhood And Sisterhood of the Loin Cloth.
ReplyDeleteI bet in the dress code/hand book, it did say NOT to wear a skirt..lol She has a case.
ReplyDeleteAt least she did ask when she was interviewed, could she wear a skirt, due to her religion.
ReplyDeleteAll Pentecost/Holiness does not wear skirts only. I am Holiness and I wear pants. Sorry, just being honest.
Anonymous, August 25, 2012 7:43 PM
ReplyDeletereligion does not belong in the work place wear the uniform or go home uniforms are for safty reasons to many damn bible pushing idiot's keep religion at home .
Responding to your comment:
Religion does belong in the workplace..I don't celebrate xmas, easter bunny, and holloween along with my co workers.
what about the greedy shyster lawyers who want to make a fast buck
ReplyDeleteAs directly quoted by the U.S. Equal Employment Opportunity Commission:
ReplyDeleteReligious Accommodation/Dress & Grooming Policies
"Unless it would be an undue hardship on the employer's operation of its business, an employer must reasonably accommodate an employee's religious beliefs or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as DRESS or grooming practices that an employee has for religious reasons. These might include, for example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). IT ALSO INCLUDES AN EMPLOYEE'S OBSERVANCE OF A RELIGIOUS PROHIBITION AGAINST WEARING CERTAIN GARMENTS (SUCH AS PANTS OR MINISKIRTS)".
"When an employee or applicant needs a dress or grooming accommodation for religious reasons, he should notify the employer that he needs such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request. IF IT WOULD NOT POSE AN UNDUE HARDSHIP THE EMPLOYER MUST GRANT THE ACCOMMODATION."
So there you have it, agree with it or not, that's the law. It's not an issue of what anybody's opinion of right or wrong is in this situation, it all comes down to what is written in the law. Unless Burger King can show that allowing this employee to wear a skirt instead of the standard pants is an unreasonable accommodation and poses some unfair inconvenience or burden to the employer, they cannot justify their actions and her case against them is valid.
this is all nonsense
ReplyDelete