Disney restaurant hostess sues for permission to wear hijab

[Jigs]

After reading that the person suing really came off as a jerk. They told her that in that specific position she couldn't wear a headscarf. They then offered her another position where she could(they are trying to accommodate her beliefs) She refuses that and decides to sue. If anyone has ever gone to Disneyland they are trying to set a certain mood for the place.

 

[GentlemanObserver]

After reading that the person suing really came off as a jerk. They told her that in that specific position she couldn't wear a headscarf. They then offered her another position where she could(they are trying to accommodate her beliefs) She refuses that and decides to sue. If anyone has ever gone to Disneyland they are trying to set a certain mood for the place.

She is not the only one suing:

Mickey Doesn't Wear Turbans! | TMZ.com

 

[Jigs]

Actually what the lawyers are saying that Disney is not allowed to put in such conditions and such contractual obligations would themselves be deemed illegal. That's why Disney is not even using that argument, instead its using the on-stage/off-stage argument.

The court should, as per law, be looking for some evidence from Disney about whether or not her Hijab curtails her ability to serve as a waitress.

The lawyers can say what they want but DBC is right. There are specific contracts that you sign that give away your rights. You are bound to that contract. Also a employer doesn't have to give you a reason to fire you. She won't win anyway. In places like Disney everyone needs to dress the same for the mood. It is kinda like a renaissance festival. You are at the will of the employer. What if you have to get a tattoo for religious beliefs ? If the contract has a dress code that doesn't allow them then your done. Same thing for piercings. Do both of these things stop you from doing you job ? No but that doesn't mean the employer is now forced to accommodate that.

 

[Jigs]

She is not the only one suing:

Mickey Doesn't Wear Turbans! | TMZ.com

I see no problem with this and i am surprised some are arguing this. Have any of you even held jobs in the U.S. ? If you don't conform to what is specific in the contract then your done.

 

[GentlemanObserver]

I see no problem with this and i am surprised some are arguing this. Have any of you even held jobs in the U.S. ? If you don't conform to what is specific in the contract then your done.

Employment law is subservient to State and Federal Law. Employment law has a degree of lenience when it comes to religious practices and values. This i DO know off.

Anyway, what do i care!

 

[Jigs]

Employment law is subservient to State and Federal Law. Employment law has a degree of lenience when it comes to religious practices and values. This i DO know off.

Anyway, what do i care!

You are right in that. A degree of lenience is permitted. What it really comes down to is more so the company policy. Also how they handled it.

"Typically, somebody in an on-stage position like hers wouldn't wear something like that, that's not part of the costume," Brown told the AP. "We were trying to accommodate her with a backstage position that would allow her to work. We gave her a couple of different options and she chose not to take those."

The current Disney policy "makes sense to me," says Koenig. "When you work for a Disney theme park, you have to play a role - it's part of the deal. What they're requesting of (the Disneyland hostess) is what they expect of any on-stage employee. And part of what I enjoy (about visiting) is the consistency."

 

[Agnostic_Indian]

I wonder what if muslim women in police and army demand to wear head scarf instead of cap. sikh men are allowed to wear turban in police and army.. Complicated..

 

[dbc]

Actually what the lawyers are saying that Disney is not allowed to put in such conditions and such contractual obligations would themselves be deemed illegal. That's why Disney is not even using that argument, instead its using the on-stage/off-stage argument.

The court should, as per law, be looking for some evidence from Disney about whether or not her Hijab curtails her ability to serve as a waitress.

Disney is a place for kids a theme park and should preserve religious neutrality, I'd personally refuse to take my kids to Disney if this wasn't the case. Should a rent-a-car firm accommodate an employee's religious need to wear a head scarf - of course it should. A court in Phoenix awarded an Alamo employee $287,000 for wrongful termination while a public school teacher and a police officer lost - all fair outcomes in my opinion.

Large firms are risk averse particularly if it leads to negative publicity and prefer to settle such law suits 'out of court'. Unfortunately, this aversion has emboldened opportunists. In the case of Imane Boudlal she was offered a back stage position until Disney finds a workable compromise - which she refused. She was offered a Disney approved alternative see below image which she termed "offensive".

Now I have Arab friends who are devout Muslims, they are unwavering in their commitment to Islam. They pray five times a day, refuse to wax their forearms, legs or eye brows and yet they routinely wear a baseball cap over their hijab - particularly when they are outdoors in the sun and yet Ms. Imane Boudlal termed the Disney replacement 'offensive' - as far as I'm concerned Disney demonstrated 'reasonable accommodation' required by law and Ms. Boudlal has no legal recourse.

The commission provided information about similar cases:

In 2007, a federal Phoenix, Ariz. jury awarded $287,000 in the case of an Alamo Rent a Car employee fired for refusing to take off her head scarf. See the press release about the Alamo case.

Last year, the commission sued Abercrombie and Fitch for refusing to hire a 17-year-old girl who wore a head scarf to her job interview for Abercrombie Kids in Oklahoma. The head scarf reportedly violated the company’s “Look Policy,” which forbids head coverings. Read the press release about the Abercrombie and Fitch case.Council on American-Islamic Relations also has similar complaints pending against Abercrombie and Fitch in San Francisco.

Other employees have lost cases about religious garments:
A Muslim police officer, in Philadelphia, lost his federal lawsuit against the city’s department, which refused to let him wear a religious headpiece. The court ruled in the case, filed in 2007, that the police dress code promotes cooperation and sense of authority and neutrality in public.

In 1990, the same federal court ruled against a public school teacher in Philadelphia, who wanted to wear religious attire, saying the school board needed to preserve religious neutrality in a public school.

In 2004, a former Disney World employee filed a lawsuit, saying she was fired for wearing a hijab on the job in Florida. Disney also offered the woman a behind-the-scenes job. The woman and Disney settled the case out of the court. The terms were confidential, said Frank Allen, the woman’s attorney.

 

[Peregrine]

I wonder what if muslim women in police and army demand to wear head scarf instead of cap. sikh men are allowed to wear turban in police and army.. Complicated..

Actually, they can wear both simultaneously i am not sure about other Muslim states but in Pakistan they wear Barret/caps over scarf.

 

[Solomon2]

When you take this sort of job you have to work with the dress code. I'm sure Disney folks are fine with a full head covering. Of course, it might have to come with a big pair of ears and a funny nose.

 

[GentlemanObserver]

When you take this sort of job you have to work with the dress code. I'm sure Disney folks are fine with a full head covering. Of course, it might have to come with a big pair of ears and a funny nose.

Could work pretty well with a Hijab imo.

 

[Solomon2]

^^^^^^^^^^^
Exactly right!