Disney Discrimination Lawsuit

[UO Trainer]

Yet another law suit. I'd guess it was a sign of the same WDW decline but this time i have to side with the mouse.

A woman was fired for wearing her muslim head scarf but she only began wearing it after years of wearing the uniform. She was moved to back of the house positions but lost money as her old job earned her commission.

Follow the Story here

 

[Madi100]

It will be interesting to see. She shouldn't win because they aren't discrimating against HER. That is the company policy. Everyone is expected to abide by those rules. It does say in the article that they do a case by case approval. I wonder what has been approved for religiouis purposes. If that means something other than hats or what. That's just too bad.

 

[BibbidyBobbidyBoo]

I agree on Disney's side this time too. She knew the rules when she was hired- and they didn't just outright fire her when SHE decided to change things and start wearing the headdress (or whatever it's called if I have that wrong). It's not their fault that she decided to change her dress in a manner that it didn't meet the uniform description of the job she had so they had to change her job to one that didn't meet her financial requirements. They should change the rules to suit her because she changed her mind about how she wanted to dress (using religion as the reason makes no difference) later on? I don't think so!

 

[hrh_disney_queen]

IMHO, a uniform is just that....uniform. When people start wearing religious articles in addition, it is no longer a uniform. She knew what the requirement was when she signed on for the job, and then changed after working there for some time. I think Political Correctness is just too out of hand....

 

[palmtreegirl]

Originally posted by UO Trainer
Yet another law suit. I'd guess it was a sign of the same WDW decline but this time i have to side with the mouse.

A woman was fired for wearing her muslim head scarf but she only began wearing it after years of wearing the uniform. She was moved to back of the house positions but lost money as her old job earned her commission.

Follow the Story here

I don't see it as a sign of decline on Disney's part, just another sign that law suits are way out of control. I swear some peoples motto is why work when you can just sue someone for money.

 

[Bracho]

I have to agree with Disney on this as well... The uniform is just that like hrh_disney_queen has said. It is amazing to me that someone would take a job at one of Disney's theme parks and feel they can dress anyway they want, no matter what. She made the choice......

 

[m&m's mom]

Warning broad stroke here: Sounds like she wants to stay home w/ new baby and wants Disney to pay for it.....

 

[Micca]

They are called cast members because they are playing a role. Just as in a theatrical performance or in a movie, a costume is supplied and is to be worn during the performance. Perhaps an option would have been to transfer to a position in the company where dress codes are less stringent.

 

[BibbidyBobbidyBoo]

Originally posted by m&m's mom
Warning broad stroke here: Sounds like she wants to stay home w/ new baby and wants Disney to pay for it.....

I was kinda thinking the same thing... kinda like purposely going against the uniform policy after having the baby- knowing they'd not allow it..

 

[Kim&Chris]

m&m's mom: Good Call! That was the first thing I thought of when I read the article.

I'm going out on a limb here, but when I see someone wearing any king of Muslim garb, it makes me feel nervous. It's nothing personal against the person, but with all that's going on in the world, the garb just makes me (along with lots of other people) feel uncomfortable. I'm betting she is fully aware of that, too. The last thing Disney needs is their guests feeling nervous and uneasy.

Disney is a place of fantasy, and having someone serve you in a festive Disney costume with some type of Muslim headgear is definitely moving as far away from the fantasy as you can get these days.

 

[Aurora63]

I don't usually disagree with the consensus, but this time I do.

When a Muslim woman feels compeled to wear hijab, it is a very personal, religious thing. It is, as the woman in the article said, "as though God asked her to."

I think Disney should have let her stay in her normal roles. If people felt "uncomfortable" and her sales comissions fell because of that, maybe then she'd change her mind.

But if my religion dictated a certain dress, and my workplace changed me to a position of lower compensation because of it, I would certainly feel discriminated against.

 

[6_Time_Momma]

Originally posted by Aurora63
I don't usually disagree with the consensus, but this time I do.

When a Muslim woman feels compeled to wear hijab, it is a very personal, religious thing. It is, as the woman in the article said, "as though God asked her to."

I think Disney should have let her stay in her normal roles. If people felt "uncomfortable" and her sales comissions fell because of that, maybe then she'd change her mind.

But if my religion dictated a certain dress, and my workplace changed me to a position of lower compensation because of it, I would certainly feel discriminated against.

However, she knew about the policy long before she felt compelled to wear the headgear. She knew before hand that there would be problems.

 

[Aurora63]

Originally posted by 6_Time_Momma
However, she knew about the policy long before she felt compelled to wear the headgear. She knew before hand that there would be problems.

Problems, maybe, but ultimately losing so much income she probably did not forsee.

 

[Anne MN]

I work in a large hospital that has a lot of women who wear the headscarf. Most of the women work in one dept, housekeeping. that dept has said that they can wear them as long as they do not interfere with their job. they are also looking at all the same color of headscarf (like white or blue) so that everyone is in "uniform". they all wear the same uniform, have a few different variations they can wear, pants or long skirt, and smock or scrub top.

I know a few women who work in other dept. who have worked there for a long time, they decided after like 2 years to start wearing the headscarf, they were told they had to adhere to the dress code- take the headscarf off- they fought with supervisors and managers- they lost. they had the option of taking it off and continue working or be fired. they implied that they would sue- they were told that that was an option for them, and that they would be wasting money, they would lose- their job was such that if they wore the headscarf it would be a hazzard. they tried to sue-lost- still work there.

i also know of a few women who started wearing the headscarf and got a lot of pressure from women who they work with (same religion) to take it off- they were ridiculed and made fun of- i heard comments that they were just doing it to be different, they were "faking" their beliefs- and other such nasty comments.

i think this women found a lawyer who will sue and take a lot of the settlement if she wins or settles out of court. she will not get he job back and she will have an even harder time getting a job because she will put down employment history and have to say that she was fired/quit and give the reason. i know that you are not supose to say "bad" things about a former employee that you are called about (new job checking history with former manager) but you have got to think that this would be mentioned- even if it was just in passing.

i agree that she just wants to stay home with new baby. i know that is what a lot of people will think when they read the article- and that she wants something for nothing-

disney was right on when they moved her to accommodate her- she should have expected this. they have VERY STRICT guidelines for uniforms. what made her think that she was so special??

 

[caribbeanme]

Originally posted by 6_Time_Momma
However, she knew about the policy long before she felt compelled to wear the headgear. She knew before hand that there would be problems.

Except that was what probably clear to her too is that they make decisions on religious headwear on a case by case basis (as stated in the article). Would it change anyone's mind if Jewish castmembers were allowed to wear yarmulkes, but Christian castmembers were not allowed to wear their crosses on the outside of their uniforms?

I'm not saying that that is what is happening here, but if Disney is allowing some cm's their religious attire, they have to be prepared to not blatantly allow some and not others based on some sort of approval or disapproval with the religion.

 

[Mskanga]

God didn't tell her what to wear, she chose to do so. If you ask me , religion has no place in any kind of employment unless you work in a church or something of that nature.
I'm sorry but I side with disney on this one, especially since she had no problems years before.

 

[6_Time_Momma]

Would it change anyone's mind if Jewish castmembers were allowed to wear yarmulkes, but Christian castmembers were not allowed to wear their crosses on the outside of their uniforms?

Yes, but then that would be specifically discriominating against a religion. To my knowledge, I never have seen a CM with a yarmulke OR a cross visible, so I am not sure honestly the point. It is not them banning her from wearing a certain religious symbol, they are banning the headcovering.......same as they would if it was a Christian woman wanting to keep her head covered.

 

[mom2boys]

Many Christians wear crosses under there their clothing. So cast members could be wearing them without being "out of uniform" per se.

 

[caribbeanme]

Originally posted by 6_Time_Momma
Yes, but then that would be specifically discriominating against a religion. To my knowledge, I never have seen a CM with a yarmulke OR a cross visible, so I am not sure honestly the point. It is not them banning her from wearing a certain religious symbol, they are banning the headcovering.......same as they would if it was a Christian woman wanting to keep her head covered.

I understood that her headcovering is precisely a religious symbol, much like a yarmulke may be to observant jewish people.

Moreover, I wasn't pointing to a specific practice of allowing or disallowing yarmulkes or crosses. I actually haven't been to Disney in a while, and if I had, I probably would not have noticed most religious symbols unless I were actively looking for them. The article stated that certain religious attire was accepted, so I was trying to make a comparison between a religious headdress and other religious attire that may be more common.

I agree with some posters here-- religious symbology and attire should be disallowed, and it is Disney's prerogative to disallow it across the board. However, once Disney allows religious symbols on a case by case basis, the question becomes why they would allow some, and not others, and if they do so in a discriminatory manner. In other words, someone suing for discrimination will only win if they can show that they're treating similar attire differently for discriminatory reasons. If here, she can show that Disney allows similar religious attire in the position she held but chose to only disallow her muslim attire, then I don't think she's way off in claiming discrimination.

I put myself in her shoes. I wouldn't mind if I were not allowed to wear any symbology, and no one else was either. Pretty fair-- no discrimination whatsoever, falls in line with their "uniform policy". I would feel discriminated against, however, as a Christian, if CM's of certain religions were allowed to outwardly wear their religious symbols, and I wasn't allowed to wear my cross.

I also think people can have renewed faith. I know a lot of people who have changed religions, or are born again christians, and I don't think that their religious beliefs are any less valid just because they just came to them later in life. It very well may be that she's making all of this up, but I'm not necessarily put off by the fact that she claims to be newly religious.

Also, I know that many discrimination statutes don't allow punitive damages-- people can get back what money they lost out on (salary, etc) by being discriminated against, and injunctions to force the company to stop discriminating (in other words, no religious symbols at all, or religious symbols in a non-discriminatory manner, within reason-- no safety issues, etc). So I wonder if she's really going to make out like a bandit, even if she does win.

 

[gizfish]

I'm going to go out on a limb and disagree with most people here. The Muslim woman wearing her head scarf is not an example of someone wearing a religious symbol. Wearing a religious symbol is a choice. Jewish people are not required by Jewish law to wear a Star of David, and Catholic people are not required to wear a cross. Both those items are religious symbols. However, it is a religious law that a muslim woman must cover her head. It is as much a law as a Jew must not work on the sabbath or that a Catholic must not eat meat on Fridays during lent. If a company rule requires someone to break a religious law, it is a discriminatory rule. If Disney suddenly implimented a company wide policy of everyone eats pork on Friday's in March, even though the rule is applied company wide, it would still be a discriminatory rule towards those Catholics following the laws during lent and those Jewish people following the kosher laws. Just because a rule applies to everyone doesn't mean it is automatically never a discriminatory rule. It's a totally other issue as to why the woman suddenly decided that she wants to follow this Muslim law at this time. Her motive (if there is one other than her faith) is up for Disney's lawyers to argue, but we certainly don't have all the information in the case that we should be judging her in this forum.