CaptainCourtesy;1060834466[B said:
]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."