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

  1. #251
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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by Hatuey View Post
    I'm glad she got fired. She needs to follow protocol. She can't hide under her religion just to get money.

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

    Quote Originally Posted by CaptainCourtesy;1060834466[B
    ]BK is a private business. [/B]They have a dress code that is not in place because of religious discrimination. If the girl cannot abide by their dress code because of her religion, she should not work there. It is not BK's responsibility to alter their dress code to accommodate her. It is irrelevant as to whether it would be easy for them or not.

    IF an interviewer told her that it was OK, that interviewer should be fired. I do not know whether what the interviewer said would have an impact on the lawsuit, but if the dress code is clearly stated in BK's codes of conduct, I don't think the girl has any leg to stand on.
    BK is a private business no doubt, however, they substantially effect commerce and have the requisite number of employees therefore fall must comply with Title VII. Moreover, as a private business that substantially effects commerce and has the requisite number of employees they must abide by these laws not withstanding their private dress code, in this instance. Indeed, if the issue were that the teenager needed to pray every hour and there was no substantial impact on the ability to perform her task then very few would have an issue with this situation and if BK would not allow her to pray it would be easier to find for the woman. She is not attempting to force her views, her values or her religion on BK she is seeking to have her rights protected in accordance to what BK is required to do.

    The employee should prevail as a matter of law unless BK "demonstrates that they are unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business."

    The relevant applicable law applicable to BK:


    "TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

    42 U.S.C. Section 2000e. Definitions

    (b) The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year

    (g) The term “commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.

    (h) The term “industry affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry “affecting commerce” within the meaning of the Labor-*Management Reporting and Disclosure Act of 1959 [29 U.S.C. 401 et seq.], and further includes any governmental industry, business, or activity."

  3. #253
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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by Serenity View Post
    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....
    Any award amount involving back wages would be reduced by the wages, unemployment payments etc. she may have received. Moreover, the former employee is under a duty to mitigate her damages I.E. a good faith search for employment.

    She is seeking other damages such as intentional and negligent infliction of emotional distress and punitive damages as these actions may be considered to have been intentional.

    The world is not black and white where rules are applied at the whim of those who were placed in a position of authority and at there convenience. Such is an abuse of position and authority and in this case actionable.

  4. #254
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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by Connery View Post
    BK is a private business no doubt, however, they substantially effect commerce and have the requisite number of employees therefore fall must comply with Title VII. Moreover, as a private business that substantially effects commerce and has the requisite number of employees they must abide by these laws not withstanding their private dress code, in this instance. Indeed, if the issue were that the teenager needed to pray every hour and there was no substantial impact on the ability to perform her task then very few would have an issue with this situation and if BK would not allow her to pray it would be easier to find for the woman. She is not attempting to force her views, her values or her religion on BK she is seeking to have her rights protected in accordance to what BK is required to do.

    The employee should prevail as a matter of law unless BK "demonstrates that they are unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business."

    The relevant applicable law applicable to BK:


    "TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

    42 U.S.C. Section 2000e. Definitions

    (b) The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year

    (g) The term “commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.

    (h) The term “industry affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry “affecting commerce” within the meaning of the Labor-*Management Reporting and Disclosure Act of 1959 [29 U.S.C. 401 et seq.], and further includes any governmental industry, business, or activity."
    Good luck with that. if this was a minority, every conservative including yourself would say BK is a business and has the right to fired. This is really a non-issue. However since we are talking about a young white christian girl, everybody wants to defend and come up with every excuse in the book on why she is right. The point here is BK is a business, they have uniform code that doesn't have anything to do with religious discrimination. She can't hide under religion just because she can't follow the rules.

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

    Quote Originally Posted by Connery View Post
    Any award amount involving back wages would be reduced by the wages, unemployment payments etc. she may have received. Moreover, the former employee is under a duty to mitigate her damages I.E. a good faith search for employment.

    She is seeking other damages such as intentional and negligent infliction of emotional distress and punitive damages as these actions may be considered to have been intentional.

    The world is not black and white where rules are applied at the whim of those who were placed in a position of authority and at there convenience. Such is an abuse of position and authority and in this case actionable.
    How would this case be different had the initial interviewer refused to hire her unless she agreed to wear pants? And who the hell thinks pants are mens clothing anyway? Go to any clothing store and you will find womens pants. Are t-shirts mens clothing? This whole case is beyond stupid.

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

    Quote Originally Posted by Vallista View Post
    Good luck with that. if this was a minority, every conservative including yourself would say BK is a business and has the right to fired.
    This is your first mistake...............you have no idea what the I am............on any given issue....





    This is really a non-issue. However since we are talking about a young white christian girl, everybody wants to defend and come up with every excuse in the book on why she is right. The point here is BK is a business, they have uniform code that doesn't have anything to do with religious discrimination. She can't hide under religion just because she can't follow the rules.
    This was your second mistake you have no idea what you are talking about ragarding the facts, the law and how the facts are applied to the law.

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

    Quote Originally Posted by Vallista View Post
    Good luck with that. if this was a minority, every conservative including yourself would say BK is a business and has the right to fired. This is really a non-issue. However since we are talking about a young white christian girl, everybody wants to defend and come up with every excuse in the book on why she is right. The point here is BK is a business, they have uniform code that doesn't have anything to do with religious discrimination. She can't hide under religion just because she can't follow the rules.
    Name one conservative who would make such an argument.

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

    Quote Originally Posted by Fletch View Post
    How would this case be different had the initial interviewer refused to hire her unless she agreed to wear pants? And who the hell thinks pants are mens clothing anyway? Go to any clothing store and you will find womens pants. Are t-shirts mens clothing? This whole case is beyond stupid.
    If the interviewer stated pants were a safety measure then there would be no case. If the interviewer said BK will not hire her because of her religious practice of wearing a dress then the girl had a right to file a compliant with the EEOC it is as simple as that.

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

    Quote Originally Posted by Hatuey View Post
    Do you know the difference between "suing" and "suing and winning"? I can sue people right and left. Doesn't mean much if the lawsuits are tossed out. You made a claim, time to back it up.

    Do you know the difference between someone saying she should SUE and shes guaranteed to win...what are you talking about man ? ..dont put words in my mouth ok...I never said it was a guaranteed win...I said she should sue their ass off...and she should...winning or losing is endgame

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

    Quote Originally Posted by Connery View Post
    If the interviewer stated pants were a safety measure then there would be no case. If the interviewer said BK will not hire her because of her religious practice of wearing a dress then the girl had a right to file a compliant with the EEOC it is as simple as that.
    A companys global uniform policy must be based upon safety measures and not company preference? I wasnt aware of that. How do you know that at the orientation she wasnt told that the reason for the pants was safety? Or maybe, BK just insists that everyone wear pants. Isnt that their right?

    Pants are not exclusively mens clothing, so it is really as simple as that. Besides, if you watch Charleton Heston in The Ten Commandments, he walked around all the time in a dress. So maybe this girl has her religion all back asswards.

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