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Teen sues Burger King over uniform? That's exactly what happened when a 17-year-old high school senior and conservative Christian named Ashanti McShan was fired for refusing to wear pants to work instead of a skirt for religious reasons. The Equal Employment Opportunity Commission filed the lawsuit for religious discrimination on behalf of the Texas teen, according to an Aug. 24, 2012 report by the Today News Gazette.
McShan applied at the Grand Prairie Burger King in August 2010. She was interviewed for a cashier position. During the interview, she explained to the interviewer that she was not permitted to wear pants due to her religious beliefs; she is a Pentacostal Christian.
Despite the interviewer's assurance that she would be allowed to wear a long black skirt as part of her official uniform, McShan was fired from the job at orientation before she even began to work at the fast food chain. According to the lawsuit, “The result of the foregoing practices has been to deprive Ashanti McShan of equal employment opportunities because of her religious beliefs and observances as a Christian Pentecostal.”
Inquisitr reported that the teen is being represented by Meaghan Shepard, who released the following statement:
The legal standard is ‘undue hardship,’ and in this instance it was a very simple request — to be able to wear a long black skirt and not black pants — and it was initially granted. And then she shows up at orientation, on time, and is then told by the manager to leave and that she couldn’t wear a skirt. She was responsible, tried to get in touch with someone higher in the franchise, and they never responded to her. In our eyes, it was so clear-cut. She’s a very sweet, articulate young lady who was just trying to work her senior year in high school. |
http://www.examine...ous-discrimination
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Sounds like she's got a pretty good case to me. The only possible defense BK could use is safety, though a long skirt I would think would be safer than pants, unless they see it as a trip hazard, and even then, if it was ankle-length, it shouldn't be a problem. They're going down.
[last edit 8/25/2012 2:28 AM by splumer - edited 1 times]
“We are not going to have the kind of cooperation we need if everyone insists on their own narrow version of reality. … the great divide in the world today … is between people who have the courage to listen and those who are convinced that they already know it all.”
-Madeline Albright | |
Posted by splumer
Sounds like she's got a pretty good case to me. The only possible defense BK could use is safety, though a long skirt I would think would be safer than pants, unless they see it as a trip hazard, and even then, if it was ankle-length, it shouldn't be a problem. They're going down.
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UNIform means one size fits all. It's not a DUOform, or a BIform. And yes...it's a safety issue.
"The truth is knowable. But probably not, ever, incontrovertible."
--Don DeLillo
PICS | |
Posted by KublaKhan
UNIform means one size fits all. It's not a DUOform, or a BIform. And yes...it's a safety issue.
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It's Burger King, not the SAS.
“We are not going to have the kind of cooperation we need if everyone insists on their own narrow version of reality. … the great divide in the world today … is between people who have the courage to listen and those who are convinced that they already know it all.”
-Madeline Albright | |
Posted by KublaKhan
And yes...it's a safety issue.
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Technically, pants would be safer to wear than skirts, especially in an environment like BK.
I've actually never noticed that apparently BK employees wear skirts. (The female ones.)
Oh good, my slow clap processor made it into this thing.
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excuse me, now me being a liberal, this is going a stretch..
when you're hired for a job, you are expected to adhere to the dress code. In this case, that means the uniform supplied by the employer. This is generally not open for discussion.
As an example... Where I work, I am required to wear steel toed boots or shoes, pants and at least a t-shirt. Say I am a muslim and I wish to wear my robe (whatever they call it... it's 4am and I am too lazy to look up what they wear) to work. That's not going to work because it will get sucked into machinery and you will die.
i do not think that this girl has a case. I think this girl, honestly, is an idiot and she's out for a buck or two.
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Posted by Samurai
when you're hired for a job, you are expected to adhere to the dress code. In this case, that means the uniform supplied by the employer. This is generally not open for discussion.
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Sadly, this is absolutely correct. As a Satanist, I should be allowed to work naked, sporting a very sincere erection.
"The truth is knowable. But probably not, ever, incontrovertible."
--Don DeLillo
PICS | |
Some manager will be getting fired over this. Having had to deal with such crap with our own HR people I think BK is screwed. What I have been told is the person applying for the job has a requirement to tell you any religious issues they may have that could affect them being employed, she did that. On the owners side, as long as it is not a safety issue and would not affect the performance of the job then you don't HAVE to hire them, at least in a right to work state, but if you agree to the accommodation and then use the same issue to fire them basically you just set your self up for a pretty open and shut discrimination suit. They can't come back now use the "safety" issue or anything because they agreed prior to the accommodation saying it would not be an issue. They could have said that as a way to say no to begin with but they didn't. So that one is out. They also can't say the manager didn't know because it is their job to make sure they do know and in court, "I didn't know" is never a defense.
Unfortunately Kubla, I don't think you would be hired because of the disruptive nature of everyone pointing and yelling, "look !, it looks like a penis only smaller!" (j/K)
[last edit 8/25/2012 5:19 PM by Arch-Image - edited 1 times]
"Your kid may be an honor student but YOU'RE still an IDIOT!" | |
Good one. You have to get really close to see it...like so I put it in your eye socket.
They could simply say that this person wasn't hired because they have a policy of not hiring morons, or people who are likely to be morons while using very dangerous equipment.
"The truth is knowable. But probably not, ever, incontrovertible."
--Don DeLillo
PICS | |
Posted by Samurai
when you're hired for a job, you are expected to adhere to the dress code. In this case, that means the uniform supplied by the employer. This is generally not open for discussion.
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If the US ARMY manages to make exceptions to their uniform code for religious reasons I think Burger King can overlook some pants.
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I think this girl has a good case going for her, I don't see how a skirt would be disruptive in that working environment. She fulfilled her obligation to be up front about her religion's dress code during the interview process and was still hired. So, in my eyes, sounds like BK's screwed.
But let's not even touch on the fact that her belief requires her to wear a skirt instead of pants as a form of oppression. After all, she is a woman, she is inferior and heaven forbid she wear a man's piece of clothing.
Ugh.
[15:00:33] <SeeThirty> cause you're not likely to be anywhere that other people haven't been who didn't have protection
[15:00:41] <SeeThirty> still better safe than lexi | |
HI LEXI!
You are free to practice your religion, however, the company's safety standards require everyone to wear pants.
"The truth is knowable. But probably not, ever, incontrovertible."
--Don DeLillo
PICS | |
I'm going to sound like Jeepdave but why can't she go work somewhere else.
Like who dafuq wears full on skirts out side of dressy situations?
Stupid frivolous law suit.
When Caught Always, Always Use the Jim trick. | |
Pentacostals.
PM me if you want to get join our board and get fit! | |
Mormons, too, though just the heavy-duty ones. What I find irritating about this whole thing is that BK didn't try to find any middle ground to accommodate her. It's not like she was Hindu and forbidden to handle meat and was asking BK to change their whole business model to accommodate her.
“We are not going to have the kind of cooperation we need if everyone insists on their own narrow version of reality. … the great divide in the world today … is between people who have the courage to listen and those who are convinced that they already know it all.”
-Madeline Albright | |
Posted by KublaKhan
HI LEXI!
You are free to practice your religion, however, the company's safety standards require everyone to wear pants.
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Exactly. However, the interviewer should have been honest and told her up front of their dress code. And the interviewer not knowing about that is not a legitimate reason.
[last edit 4/28/2013 1:06 PM by rainman8889 - edited 1 times]
Gone for a while. Be back when I'm back. | |
If you think this Burger King bullshit is an outrage, THIS will blow your mind.
"The truth is knowable. But probably not, ever, incontrovertible."
--Don DeLillo
PICS | |
Let's explore this idea. 
Posted by KublaKhan
BIform.
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Science flies you to the Moon. Religion flies you into tall buildings. | |
Let's explore this idea.
Posted by KublaKhan
BIform.
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Science flies you to the Moon. Religion flies you into tall buildings. | |
Posted by KublaKhan
If you think this Burger King bullshit is an outrage, THIS will blow your mind.
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On the contrary:
A Department of Health spokesman said: "The guidance is intended to provide direction to services in how they can balance infection control measures with cultural beliefs without compromising patient safety."
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They seem to be trying to achieve a middle ground, though the UK often seems to go too far in accepting wacky religious beliefs.
“We are not going to have the kind of cooperation we need if everyone insists on their own narrow version of reality. … the great divide in the world today … is between people who have the courage to listen and those who are convinced that they already know it all.”
-Madeline Albright |
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