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.Originally Posted by CaptainCourtesy;1060834466[B
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."
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.
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.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.
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
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.