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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 Hatuey View Post
    Good luck proving the existence of a verbal contract.
    Even if the verbal contract isn't proven, there's still that pesky federal law concerning equal opportunity employment.

    Quote Originally Posted by Fletch View Post
    I would like to hear the interviewers side of the story. I find it hard to believe that a manager would not know BKs dress code. But even if the interviewer did tell the girl she could wear a dress that wouldnt trump a written dress code, nor do I see any valid reason here for a lawsuit against BK. The girl can work there, I suppose, if she wears the proper uniform. So as much as it pains me to say so, Hatuey is right. Now, if I could only get him to apply the same principle to other instances of employer/employee relationships....
    All the guy had to do was say that they can't accommodate her, and therefore can't be hired. It's not difficult. When the interviewer told her that it wouldn't be a problem, he ****ed up, and is going to cost that franchise some bucks. Even if they can't prove the verbal contract, federal law is on the girls side on this one.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

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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
    There should be no issue with a person wearing religious whatever in the workplace as long as it does not present a safety hazard. However, if the applicant knows going from the interview that employees are required to dress in a manner that would interfere with said applicant's religious beliefs, the employer should not be required to accommodate the religious dress code of applicant once the applicant becomes an employee.

    If it is MY business, and I have established dress codes, there's no way I should have to make religious dress code exceptions as long as the requirements were clear prior to the employee accepting a position working for me.
    Apparently, the EEOC is suing because the employer failed to make accomodations for her religious beliefs. Here's a couple of excerpts from the filing:


    This is an action under Title VII of the Civil Rights Act of 1964, as amended, to correctunlawful employment practices on the basis of religion and to make whole Ashanti McShan.The Defendant violated Title VII by failing to accommodate Ms. McShan ’s religious beliefs, which subsequently resulted in her termination.




    The Defendant hired Ms. McShan was as a Cashier. At the time of her interview for the job, Ms. McShan asked to wear a skirt instead of uniform pants as a religiousaccommodation. Defendant assured her that she could wear a skirt to work. However, when she 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. Ms. McShan wasrequired to leave despite her explanation that she was wearing the skirt with theunderstanding that she would be allowed a religious accommodation
    .8. The result of the foregoing practices has been to deprive Ashanti McShanof equal employment opportunities because of her religious beliefs and observances as aChristian Pentecostal
    .9. The unlawful employment practices complained of in paragraph 7 abovewere intentional.
    10. The unlawful employment practices complained of in paragraph 7 abovewere done with malice or with reckless indifference to the federally protected rights of Ashanti McShan.
    "God is the name by which I designate all things which cross my path violently and recklessly, all things which alter my plans and intentions, and change the course of my life, for better or for worse."
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    Re: Christian Woman Fired from Burger King for Wearing Skirt Instead of Pants

    Quote Originally Posted by Aunt Spiker View Post
    If she's a pentecostal then WHY is she working there to begin with?

    Ok - that's not allowed - she should never have applied. I was raise Pente - no no!!

    I agree.

    What is this strange desire that comes over some people to go where they know they will not be allowed to go! Why? I will never understand it! Never!

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

    Quote Originally Posted by Bassman View Post
    At one point, the uniform suppliers did offer skirts.
    Yeah, when I worked at Jack in the Box years ago, there were no restrictions on women wearing long skirts, as long as they were clean, black, and long enough to cover the legs.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

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

    Quote Originally Posted by Surtr View Post
    Even if the verbal contract isn't proven, there's still that pesky federal law concerning equal opportunity employment.



    All the guy had to do was say that they can't accommodate her, and therefore can't be hired. It's not difficult. When the interviewer told her that it wouldn't be a problem, he ****ed up, and is going to cost that franchise some bucks. Even if they can't prove the verbal contract, federal law is on the girls side on this one.
    Why would it cost them money? Even if the interviewer screwed up, it was corrected when she showed up for orientation. The accusation that this represents some sort of religious discrimination on BKs part is just not there. At best, the initial interviewer made a mistake as to what was allowed in the area of uniforms, but that is not something that a person can sue for damages over.

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

    Accordingh to the complaint filed by the EEOC... The EEOC investigates these matters pretty extensively prior to suit. In many cases they issue a "right to sue " letter and leave it up to the claimant to litigate the matter within a specified period.

    "The Defendant hired Ms. McShan was as a Cashier. At the time of her interview for the job, Ms. McShan asked to wear a skirt instead of uniform pants as a religiousaccommodation. Defendant assured her that she could wear a skirt to work. However, when she 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. Ms. McShan wasrequired to leave despite her explanation that she was wearing the skirt with theunderstanding that she would be allowed a religious accommodation".

    EEOC v Fries Restaurant Management

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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
    I hate to do this, but if this was a muslim woman being fired for wearing a hijab I'm pretty sure this would be a VERY different thread.
    I've gotta tell you: from my perspective it absolutely would not be.

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

    Quote Originally Posted by Aderleth View Post
    I've gotta tell you: from my perspective it absolutely would not be.
    He is probably right. If a Muslim were to do a similar thing there would be accusations that she was trying to impose Sharia law.

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

    Quote Originally Posted by Connery View Post
    Accordingh to the complaint filed by the EEOC... The EEOC investigates these matters pretty extensively prior to suit. In many cases they issue a "right to sue " letter and leave it up to the claimant to litigate the matter within a specified period.

    "The Defendant hired Ms. McShan was as a Cashier. At the time of her interview for the job, Ms. McShan asked to wear a skirt instead of uniform pants as a religiousaccommodation. Defendant assured her that she could wear a skirt to work. However, when she 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. Ms. McShan wasrequired to leave despite her explanation that she was wearing the skirt with theunderstanding that she would be allowed a religious accommodation".

    EEOC v Fries Restaurant Management
    So if the initial interviewer had told her 'no' as to wearing the skirt, would she still have sued? Because some low level manager believed such an accomodation could be made does not bind BK to making it. I just dont see the religious discrimination here. If someones religious faith told them that they could onlywork Monday, Wednesday and Friday and I refused to hire them would that be religious discimination on my part? There is absolutely no reason why an employer must 'accomodate' every nonsensical mystical belief. He is trying to run a business after all.

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

    Quote Originally Posted by Fletch View Post
    Why would it cost them money?
    They violated federal law.

    Even if the interviewer screwed up, it was corrected when she showed up for orientation. The accusation that this represents some sort of religious discrimination on BKs part is just not there. At best, the initial interviewer made a mistake as to what was allowed in the area of uniforms, but that is not something that a person can sue for damages over.
    She was hired, then immediately fired due entirely to her religious beliefs. The interviewer making a mistake is most definitely a cause for punitive action. Try tell a Fire Marshal, or an OSHA inspector that your business is out of regs because the other guy made a mistake.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

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