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Thread: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by Risky Thicket View Post
    As an aside, I find this whole argument somewhat ironic. Places of worship and in some cases organizations functioning under the auspices of recognized religions are exempt from civil rights laws such as the Americans With Disabilities Act.
    I see a common thread with these two precepts and religion. Section 307 of the ADA serves the purpose of preventing government interference with religion. Title VII preserves the free exercise of religion and does not run counter to the Establishment clause as it limits applicability of Title VII to certain situations and requirements.

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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by ChrisL View Post
    In my mind, she shouldn't have taken the job when she knew there was a dress code. Everyone knows that BK employees (all fast food chain employees, among many other employers) were uniforms. Now if she had a crucifix around her neck, and they told her she couldn't wear it, I think THAT would qualify as religious discrimination (unless she worked around some type of machinery that would make it dangerous), but a dress code a lot of times is for safety purposes. Certain clothing is not practical for some jobs. I really think some people just like to file law suits.
    The way I view the issue is that there are actually two arguments being made:

    1. Religious workplace accommodation - the employee in question's position.

    2. Corporate policy - in this instance, dress code.

    Truthfully, I don't think most people here or in the general public care one way or the other if a fast food worker is wearing a long dress and/or if it was for religious reasons. I don't eat fast food, but when I did, I don't ever recall looking at a worker's pants or dress. Who looks to see what they have on? In terms of pants or dress, who really cares? I don't.

    On the BK side, I can see where a dress could be a safety issue.

    I could also see where the franchisee and/or BK may not really give a rat's ass about this particular issue, but looking at the broader picture, they don't want to set a precedent.

    Religious fundamentalists - all religions have a fundie fringe - are ripping the world apart. Pick a country. It's certainly happening here in the U.S. If you are BK do where do you want to draw the line? I don't know. But, maybe BK has decided to try to draw the line here, with the case in the OP.

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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Why are people stating an alleged verbal contract as fact?
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by Hatuey View Post
    Why are people stating an alleged verbal contract as fact?
    my speculation is that the EEOC investigation determined that the oral contract was made
    the person with hiring authority may well have acknowledged his oral agreement to the uniform modification to accommodate the new hire's religious needs
    we are negotiating about dividing a pizza and in the meantime israel is eating it
    once you're over the hill you begin to pick up speed

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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by Hatuey View Post
    Why are people stating an alleged verbal contract as fact?
    Facts are to be proved to a fact finder (Judge or jury ) at trial. The acquiescence of religious dress by BK has been investigated by the EEOC; if it was found to be nonexistent it would not have been asserted as fact by the EEOC in their press release I posted previously.

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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by Goshin View Post
    I'm going to have to walk away from this before I lose my temper.

    I'm very passionate about this subject, because I have seen FAR too many people abused by their employer, and feel like they had to just "take it" because they feared they could not find another job that would pay adequately. I've had to comfort too many crying female employees who'd been badly mistreated by their boss to find this at all amusing. I've seen too many people fired, losing their livelihood, for total bull**** that amounted to "didn't kiss the boss' ass nicely enough", who spent months or in some cases YEARS trying to find a decent job in the aftermath.

    I guess some of you have been lucky not to have to deal with crap like this, but if you haven't seen it I'm telling you it is everywhere these days.

    No one should be allowed to abuse, mistreat or trample the rights of a citizen just because they are an employer.

    On that note, g'nite.
    That's the same attitude I get when talking about guns carried by employees. People think that employers can just walk allover employees.

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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by Risky Thicket View Post
    The way I view the issue is that there are actually two arguments being made:

    1. Religious workplace accommodation - the employee in question's position.

    2. Corporate policy - in this instance, dress code.

    Truthfully, I don't think most people here or in the general public care one way or the other if a fast food worker is wearing a long dress and/or if it was for religious reasons. I don't eat fast food, but when I did, I don't ever recall looking at a worker's pants or dress. Who looks to see what they have on? In terms of pants or dress, who really cares? I don't.

    On the BK side, I can see where a dress could be a safety issue.

    I could also see where the franchisee and/or BK may not really give a rat's ass about this particular issue, but looking at the broader picture, they don't want to set a precedent.

    Religious fundamentalists - all religions have a fundie fringe - are ripping the world apart. Pick a country. It's certainly happening here in the U.S. If you are BK do where do you want to draw the line? I don't know. But, maybe BK has decided to try to draw the line here, with the case in the OP.
    I believe in God, but I don't think God cares whether or not I wear pants or a skirt.

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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by Connery View Post
    I see a common thread with these two precepts and religion. Section 307 of the ADA serves the purpose of preventing government interference with religion. Title VII preserves the free exercise of religion and does not run counter to the Establishment clause as it limits applicability of Title VII to certain situations and requirements.
    Ever been to a Buddhist temple or church? As a Buddhist, I can tell you from experience most Buddhist temples have no money. LOL! Sure, some do, but most are far from having money. If they had to accommodate people with disabilities under the ADA Buddhism would barely survive in the U.S.

    It will be interesting to see what happens in the next 10 years as Boomers hit retirement age full force. Will religious organizations see a resurgence in membership? If so, will they accommodate a suddenly huge demographic of disabled people?

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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by Jerry View Post
    That's the same attitude I get when talking about guns carried by employees. People think that employers can just walk allover employees.
    What I allow on my property is my business and if I don't want guns on my property you will not carry them on my property. Property trumps gun rights 100% of the time.

    Why? Because of the definition of ownership.

    Ownership - the right and act of controlling something.

    This gives the property owner the right to control access and use of such property. In this case I said no to guns on my property.

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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Hang on a minute. She was hired in August 2010. Arrived at work for orientation, the store management informed Ms. McShanthat she could not wear a skirt and that she had to leave the store. She never even worked a day there. That was two years ago.

    It's taken 2 years to file the lawsuit and she's claiming back pay with prejudgment interest, reinstatement or frontpay in lieu thereof etc etc...

    Are you kidding me? Two years? Please tell me she has secured employment elsewhere or at the very least been busting her ass exploring every avenue to find something suitable....
    Why do we fall?
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