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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 Jerry View Post
    You comply with federal and state law or you're fined and/or lose your bushiness license. Pretty simple concept.
    I have been sued still do as I please. Just expensive somtimes.
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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by Your Star View Post
    False, business's can not discriminate against race, gender identity ,religion, sexual orientation, they can't have a sign outside that says "Blacks enter through the back", they'd be shut down faster than Steve Downie trying to deke around Nicklas Lidstrom.
    That is a law. Not a Constitutionally protected right.

    Besides TITLE VII also states...to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII

    There was no intentional violation here. I've shown that a dozen times over now.
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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by PirateMk1 View Post
    I have been sued still do as I please. Just expensive somtimes.
    Actually what happens is they settle at the last minute because they know I wont back down. I have been to trial before on this type of thing. I have won and lost. I also testify on my behalf. Opposing council found out I aint easy. They now know it. They also know that I have very good lawyers. They also know I am stubborn bastard. With a jury its a crap shoot. So the last couple of times its been they just settle very reasonbly. Enough so that it doesnt make scense at all to fight, even on principle. Having a reputation as fighter is starting to pay off.
    Semper Fidelis, Semper Liber.
    I spit at lots of people through my computer screen. Not only does it "teach them a lesson" but it keeps the screen clean and shiny.
    Stolen fair and square from the Capt. Courtesey himself.

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

    Quote Originally Posted by Kal'Stang View Post
    That is a law. Not a Constitutionally protected right.

    Besides TITLE VII also states...to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII

    There was no intentional violation here. I've shown that a dozen times over now.
    They stated that they would be fine with it. Then they went back on their word, they were being assholes about a minor thing. Period.
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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by PirateMk1 View Post
    I ll run my business as I please, if I dont want certain folks in it they aint getting in. They want to sue go for it. Its called the freedom of association.
    Do you have deep pockets? If so, lawyers call you a payday.

    Edit: Like a casino with slipper floors.

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

    Quote Originally Posted by Kal'Stang View Post
    But they didn't violate TITLE VII as she was fired for not conforming to the dress code before the guy knew about her religion. Is Title VII not suppose to stop discrimination of someones religion? How can there be discrimination if the one that did the firing had no clue as to her religious beliefs at the time he told her to go home? How can it be discrimination if the employee was just enforcing a companies decades old policy that was made because the employer saw that having a dress code was good for buisness? IE the policy was made with no regard to religion. There is absolutely no evidence that we have seen were this womans religion was discriminated against.
    well that is a good point-for example if someone is fired and they are jewish but the responsible management official didn't know that then the plaintiff could not establish a prima facie case of discrimination. The fact of this case will need investigation

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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
    And honestly, y'all, this isn't about religion. It's about dress code and whether or not a interviewee was properly informed about a dress code requirement before being hired. Unless it is covered in writing it's down to two people and who said or didn't say what about wearing a dress.

    I haven't read any statement where BK discussed religion with her. From what I understand she says she brought it up, but I have read anything where BK made any disparaging remarks about her religion.
    Once again I will post these facts: "According to the EEOC’s lawsuit, (Civil Action No. 3:12-cv-03169-M), filed in the U.S. District Court for the Northern District of Texas, Ashanti McShan, a member of the Pentecostal Church, adheres to an interpretation of the scripture about the wearing of clothing that is befitting of specific gender. She informed the company of this aspect of her faith during the job interview, and was told that she could work in a skirt instead of the Burger King uniform pants. However, the EEOC said, when Ms. McShan arrived at orientation, she was told by store management that her skirt was an unacceptable alternative and subsequently sent home"

    Grand Prairie Burger King Franchisee Sued by EEOC for Religious Discrimination

    Kindly note the investigative procedures done by the EEOC in order to issue any type of determination. It is an intensive fact finding mission according to statute and procedure. The EEOC rarely files on behalf of an individual, indeed, they issue a "Right To Sue" letter and lets the individual file.


    Possible Dismissal
    If the EEOC does not have jurisdiction, or if your charge is untimely, we will close your charge quickly. We may also close your charge quickly if we decide that we probably will not be able to find discrimination. If your charge is dismissed, you will be notified.

    Investigation
    How we investigate a charge depends on the facts of the case and the kinds of information we need to gather. In some cases, we visit the employer to hold interviews and gather documents. In other cases, we interview witnesses over the phone and ask for documents by mail. After we finish our investigation, we will let you and the employer know the result.

    How long the investigation takes depends on a lot of different things, including the amount of information that needs to be gathered and analyzed. It took us – on average – nearly 6 months to investigate a charge in 2004. We are often able to settle a charge faster through mediation (usually in less than 3 months).

    Subpoena
    If an employer refuses to cooperate with an EEOC investigation, EEOC can issue an administrative subpoena to obtain documents, testimony or gain access to facilities.

    Possible Action After Investigation Completed
    If we haven’t found a violation of the law, we will send you a Notice-of-Right-to-Sue. This notice gives you permission to file a lawsuit in a court of law. If we find a violation, we will try to reach a voluntary settlement with the employer. If we cannot reach a settlement, your case will be referred to our legal staff (or the Department of Justice in certain cases), who will decide whether or not the agency should file a lawsuit. If we decide not to file a lawsuit, we will give you a Notice-of-Right-to-Sue.
    The Charge Handling Process

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

    Quote Originally Posted by Omgitsme View Post
    If someones religious beliefs interfere with their ability to do the job then they can be fired.
    I don't know about you, but I'm not stupid enough to hire someone who is going to likely be fired. That's not fair to the employee nor to the business. You hire people to stay, not to leave. Firing people also costs you money.

    Personally, I don't care what religion anyone practices as long as they practice it away from my business. Employees must conform to a dress code, which being Arizona is very casual. I make the decisions, along with the board of directors, as to the direction the business with take. It is to our business advantage not to project any religious preference or support. Our clients' religious preferences are their private business and I don't care. I really don't. I don't want to offend them personally or professionally. What would be the point in that?

    If the most talented and most qualified person ever interviewed applies for a job opening with an OM symbol tattooed on his hand and the guy is dressed like the Dalia Lama he's not getting the job. It is not the imagine we work to project.

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

    Quote Originally Posted by hazlnut View Post
    Do you have deep pockets? If so, lawyers call you a payday.
    Everyone seems to think that, because you have a lot of corperations that are pussies to be frank. I dont back off, and jury trials really are crap shoots. They are also expensive. Lawyers realise this and generally try to settle. It also helps I am not a national entity.
    Semper Fidelis, Semper Liber.
    I spit at lots of people through my computer screen. Not only does it "teach them a lesson" but it keeps the screen clean and shiny.
    Stolen fair and square from the Capt. Courtesey himself.

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

    Quote Originally Posted by Your Star View Post
    They stated that they would be fine with it. Then they went back on their word, they were being assholes about a minor thing. Period.
    One person said that she could. And no one has yet to show whether this person had the authority to change company policy or not. And AGAIN the person that sent her home did not know about her religion. Nor did he care about it one way or another. He was just enforcing company policy.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

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