McDonald’s Manager Getting Sued For Not Letting Muslim Women Wear Hijab At Work

Do citizens have a right to dress how they want to at work?

DEARBORN — Two Muslim women say the manager of a McDonald’s restaurant refused to hire them and insulted them during job interviews because they wear traditional Islamic dress.
Toi Whitfield, 20, of Detroit, and Quiana Pugh, 25, of Dearborn, filed a lawsuit Thursday in Wayne County Circuit Court against McDonald’s, the owner of the local franchise and its unnamed manager. Their representative said they are considering filing civil rights complaints with the federal and state governments.
“I applied for the McDonald’s position maybe two weeks ago and he simply (told me) I had to make a choice and remove my hijab, or I would not be able to establish employment there,” Pugh said. “When I walked away, I was definitely hurt by it and disturbed. I was confused that it could happen here in Dearborn, with so many Muslims.”

It seems to me that most employers have a dress code. If an employer decides that hats and headscarves and such will not be worn at work the employer has that right, no? It’s not discrimination if the dress code is evenly applied to all employees.
I think of it this way: I have a constitutional right to keep and bear arms per the second amendment. But if my employer were to say that I can’t wear my gun to work that would be perfectly ok. Because while I do have a right to keep and bear my gun, I don’t have a right to demand that my employer let me work while I’m wearing it.

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  • http://forums.kikizo.com/ Eddie_the_Hated

    As a conservative, a fast-food employee, and one who lives less than thirty minutes from where the incident occurs give me this perspective on the situation.

    The city the McDonalds is in, Dearborn Michigan has a huge Muslim population. One in three people are Muslim, and one in three people speak Arabic as their firstlanguage, but it seems like far more when you visit the city. You’re immersed in a plethora of different Arabic cultures, and it’s kind of hard to realize you’re a skip and a hop from Downtown Detroit, or the quiet suburb where I live.

    I find it odd that McDonalds corporation would eliminate such a large demographic from their potential employee base. I’ve worked fast food. A Hijab does nothing to prevent a person from working fast food… trust me.

    As for the firearm analogy? I’m of the belief that background-checked law-abiding citizens should be able to keep their CPL useful wherever they go, however the company prevents weapons of any kind from entering the premise. This is a relatively logical liability clause. Negligent discharge is possible, as is a robbery, and McDonalds doesn’t want to deal with the PR debacle and settlements that would ensue. Also understandable from corporate mindset. However, what is so dangerous, or detrimental in any sense about the Hijab?

    Now, with that being said, the women in question were out of line. You would have to work for fifteen years straight, twenty four hours a day, non stop to make ten million dollars at McDonalds. Seven a piece if you half the lawsuit money.

    If McDonalds asks me to take off my cross on a chain, I’ll do so, but if one third of my area’s demographic were not allowed to take off their crosses as religious doctrine, as a McDonalds exec I would be entering a clause into my conduct handbook rather quickly.

  • Lestat

    If the restriction has no bearing on the ability to perform the job than it is a Civil Rights violation and yes, it is illegal. It is illegal in the US to discriminate based on religion.

    This is not even a difficult case. McDonalds will not take this to trial, they will settle.

  • robert108

    It’s actually the employee who is trying to force her religious beliefs on the businessman. I don’t expect lefties to be smart enough to realize this, however. They are too busy submitting to Islam.

  • Lestat

    Congress has written a law saying employers cannot discriminate based on religion, they have written no such law about guns.

    I would guess, but I do not know, that Michigan has a similar state law.

    This is a statutory issue.

  • cb

    or in a surgery theatre

    Wasn’t there already a case of a female surgeon who refused to wash above her wrists? How’d that end?

  • http://sayanythingblog.com/ likwidshoe

    …pre-employment behavior which doesn’t impede work or dress code, but that implies the subject has certain beliefs, is acceptable (which isn’t even legal).

    Sure it is.

  • http://sayanythingblog.com/ likwidshoe

    Here’s a picture of the defiant little bitches:

    The ugly mug on the left belongs to Toi Whitfield, 20.
    The ugly mug on the right belongs to Quiana Pugh, 25.

    Entitled to a McDonald’s job? Way to aim high, girls!

  • cb

    I don’t have anything salient to add except that most of the comments to the article are uplifting in their attention to the fact that it’s a private enterprise with known dress-code regulations. The similar story from the UK about the trendy hair salon — where they focus on exposed hair, wild patterns and colors — was even more absurd and the responses seemed more befuddled than righteous (righteous in the good way). I guess emblematic of the state of property rights in Britain.

  • pparets

    One wonders if the aggrieved lady would be able to wear her hijab while on active military duty, or in a surgery theatre, or as TSA agent, or while operating heavy machinery, or [fill in the blank]?

  • Lestat

    By your simplistic “logic”, Rob is “free” to carry a handgun to work, and my assistant is “free” to show up for work in fishnet hose and a teddy, and neither his employer nor I could do a thing about it. I think you’re wrong, and I believe just about any judge, including the execrable Anna Diggs Taylor, would agree with me.

    Title 42.2002e

    Maybe a Constitutional primer is needed for you. The Constitutional rights are protected only from what the government can do, not what a private employer. Therefore absent a statute from some authority with jurisdiction, an employer can discriminate. There is no statute that says a private employer cannot discriminate against people carrying guns. There is a statute that says you cannot discriminate based on religion.

    Since wearing the hijab is part of the religion, McDonalds must show that wearing the hajib effects the work. McDonalds will not be able to do this. How much do you want to bet other McDonalds have hired muslim woman who wear the hijab?

    Like I said, easy case. You are not going to get a judge to make a decision on this. McDonalds will settle.

  • cb

    Fanaticalism, above a very slim degree, has no place in the work environment.
    Any signal of fanaticalism should be used to decide on the hiring of a prospective applicant.

    I asked you to explain how it’s the same thing for an employer to require a dress code (the girls decided not to continue their application on that basis, it never got further) and to consider employing a sterotypical Mormon missionary. You haven’t done that. All you’ve done is make vague insults against vague behaviors; which, by the way, the way you’ve phrased the quoted potion, suggests that discrimination based on pre-employment behavior which doesn’t impede work or dress code, but that implies the subject has certain beliefs, is acceptable (which isn’t even legal).

  • Lestat

    You can require the hijab to be worn in a safe manner for the work environment.

    As for your other issue about how the religion effects the work environment. The employer likely has to make reasonable accommodations for the practice of the religion. That means you probably do have to offer them breaks, do not have to be paid for past what the other employees get. You would not be required to build areas for the practice of the religion.

  • RebTex

    “Since wearing the hijab is part of the religion, McDonalds must show that wearing the hajib effects the work. McDonalds will not be able to do this.”
    .
    ..
    PUH-LEEEEESE!
    .
    .
    What if, during the normal execution of her job, LaToi-a reaches to fill a super-size container of fries?
    With the loose clothing flailing, and quite absorbant,her arm get’s a little close to the hot oil that cooks the fries…..The cloth drinks in the scorching oil,causing terrible skin burns on her.
    Figure further that LaQuisha was standing nearby & as LaToi-a starts slingin’ her arms around, the boiling grease flings on LaQuisha, burning her….
    .
    .
    OR
    .
    .
    Should they be hired in, would their fanaticalism cause a rift in the normal day-to-day operations of that store?
    What additions would be required in the form of a prayer area, extra break times for prayer, refusal to serve certain customers?
    Would it lead to the requirement to provide extra perks for the other workers?
    .
    It’s very easy to show where something could hypethetically happen.

    A good manager will see that & take steps to protect the work environment.

  • Lestat

    My religion requires me to wear my sidearm at all times.

    I’m sure you’ll be defending my lawsuit against McDonald’s when they won’t let me go about armed, right?

    Legally religion is not the same as a belief. A court is not going to recognize it because one person or even a small group does something. However, that is not what we have in the McDonalds case. Islam is recognized as a major religion. For many, though certainly not all, wearing the hijab is a part of the religion. If wearing the hijab is not rationally related to the performance of the job, than McDonalds cannot forbid it.

    You liberals are so dense. Yes, we have freedom of religion of this country. No, that doesn’t mean you can impose your religion on other people up to and including businesses.

    She is not imposing her religion on McDonalds, she is practicing her religion. If McDonalds can show her practicing the religion effects the performance of the job, than they may have a case. But they can’t, because it doesn’t.

    BTW, I am not the dense one because I am correct and you are wrong. I understand your argument, but legally you are not correct.

    I don’t know if a case identical to this has been litigated, but similar has. A man sued Hooters because he wanted to wait tables. Hooters one because being a young woman with large breasts is an integral part of their brand. That is not the case here.

  • Bat One

    If the restriction has no bearing on the ability to perform the job than it is a Civil Rights violation and yes, it is illegal.

    Really? Sez who??? What a silly thing to suggest!

  • Bat One

    Years ago, one Benny Toves Guerrero claimed that his freedom to practice his religion, Rastafari, allowed him to possess, grow, share, and smoke marijuana as an integral part of his “religious experience.” The DEA thought differently, and after a somewhat ambivalent review by the US 9th Circuit (no surprise there!), the Supreme Court came down on the side of with the DEA and NOT Mr. Guerrero and his religious freedom argument.

  • http://sayanythingblog.com/ likwidshoe

    Hiring Muslims is a huge liability.

    If one doesn’t want the hocus pocus associated with the religion, then one shouldn’t hire any Muslims. A thorough background check while looking for signs of Islamic nuttiness can take care of most of these problems before they even start.

    She is not imposing her religion on McDonalds, she is practicing her religion.

    Which is bullshit. She’s demanding a different dress code, ergo – imposing her religion upon McDonald’s.

    It’s about image. And this McDonald’s, despite being in Dearborn, Michigan, perhaps doesn’t want to display the 7th century image. Beyond affecting her performance (which the hack lawyer above assumes not to be the case), they can argue that it damages their business by turning off their customers.

    But because of the made up “civil rights” and hack lawyers assuming their way through the story, employers probably don’t have that right anymore. They have to sit there and take it as this woman imposes her religion on them. Nevermind that she is violating “Halal” standards by working at and serving “unclean” McDonald’s food. That damages her case. Nevermind that more Muslims practice the “Halal” standard than wear the hijab. That also damages her case. She gets to pick and choose which goofy religious practices she engages in and McDonald’s can’t do a damn thing about it. They have no freedom of this matter in the “land of the free”.

    This lady just represents some of the first shots fired in the march of Islam.

  • Bat One

    Lestat,

    Perhaps you ought to look up both statutes, state and federal, and the relevant case law as well, just to be sure you really know what you’re talking about.

    By your simplistic “logic”, Rob is “free” to carry a handgun to work, and my assistant is “free” to show up for work in fishnet hose and a teddy, and neither his employer nor I could do a thing about it. I think you’re wrong, and I believe just about any judge, including the execrable Anna Diggs Taylor, would agree with me.

  • RebTex

    THat was a very fair response, Lastat.
    Thank you.
    .
    .
    .
    .
    Now, what about the safety liabilities of the employer?
    /This is a big issue in my general area due to a couple of recent incidents.
    Knowing that the applicants are devout moslims,would it be fair to assume that their working at a McDonalds was a “western thing” to do?
    Could them working there be construed by their elders as an insult?
    Even if they’re working the register & taking orders, would that be considered flirting by their elders?
    Could it be considered fraternization?
    If so, could that lead to another incident of “honor killing”…..maybe even in the store?
    If it did, would McDonalds be held liable for injuries?
    After all, fanatical moslims are “honor killing” more often in America these days.
    /I know this is an extreme, but it is possible.
    .
    .
    .On the same vein, should the manager hire a pair of Mormon boys that ride up on their bicycles & thumping a Bible?
    I would say no to them, as well.

  • Plasmodium Pete

    Since wearing the hijab is part of the religion…

    Therein lies the problem, it isn’t.

    Furthermore, it is common knowledge that McDonald’s serves pork products, which are, in fact, haram.

    For anyone to claim that not knowing this whilst allegedly seeking employment at this haram establishment is to admit to an IQ of a clam – and a retarded one at that.

    Therefore, the logical conclusion is either that these two are about as Moslem as Herbert Hoover, the whole thing is a set up, or both.

  • pparets

    Bingo, Rob! Exactly right! …but will some local federal magistrate see it that way? There’s the problem. So many of our courts are out of control.

  • Bat One

    Entitled to a McDonald’s job? Way to aim high, girls!

    Lik,

    Excellent! This isn’t about religious freedom at all. Its about a sense of entitlement, and the “freedom” not to do that which is required by the employer who sets the rules.

    Its an attitude no different from that of every gangsta wannabe who sits at the red light with all 1200 watts of “Yo, Mutha-Fu*ka, in yo face!” cranked all the way up, forcing everyone within 50 yards to hear his vile choice of “music.”

  • http://forums.kikizo.com/ Eddie_the_Hated

    I’ll admit that if I were calling the shots at McDonald’s I’d just make an exception for the hijab because I don’t really see where it would keep them from doing their work. Although I do find forcing women to go about covered like that to be an offensive practice.

    But I suspect that allowing these women to work in their hijabs wouldn’t have been enough. I think that if they’d been hired they soon would have filed a lawsuit over being required to handle pork (sausage breakfast sandwiches, for instance).

    I agree to both points, I find it offensive, and if they didn’t file, someone else would. This is America, and our national sport is the lawsuit. However I’m always wary of people using a domino effect as rationale, because those less level headed could simply say that wearing Hijabs promotes domestic terrorism (IE. Let orthodox muslims into Mcdonalds, and hamburger bombs are right around the corner).

    Assuming there’s no alcohol in the beer-hat on premise, and there’s tens of thousands of like-minded believers, I believe that would fall under reasonable accommodation…

    Now you’re being absurd.

    How so? The only difference being that one has a negative stigma of being associated with sports-nuts and frat boys, and the other is a rather odd tradition upheld by the orthodox members of the fastest growing religion on earth. I wouldn’t let you stop work for sippy breaks, or refills, because that would be detrimental to the workplace environment, but simply wearing headgear?

    I don’t see what the fuss is. As far as I’m concerned, both parties are in the wrong. It wouldn’t kill the two women to float back down to reality, and get over the fact that they were snubbed by a corporation the size of Micky-D’s, and it certainly wouldn’t kill McDonalds to accommodate to a harmless religious practice.

  • cb

    On the same vein, should the manager hire a pair of Mormon boys that ride up on their bicycles & thumping a Bible?

    Please explain how that is the same thing.

  • http://insanereindeer.blogspot.com/ Kenny

    Maybe a Constitutional primer is needed for you. The Constitutional rights are protected only from what the government can do, not what a private employer. Therefore absent a statute from some authority with jurisdiction, an employer can discriminate. There is no statute that says a private employer cannot discriminate against people carrying guns. There is a statute that says you cannot discriminate based on religion.

    Unless that religious practice conflicts with business policy or local laws. When the Bosnians came to St. Louis, they claimed cultural and religious practices let them slaughter animals in alleyways and let the blood drain down the alley. The state disagreed and shut down Bosnian restaurants for violating the law.

    As they pointed out with the Rastafarian, not discriminating against a religion is not a blanket defense. Certain varieties of Christian won’t work on the weekends. If they apply for a job that demands weekend work, they simply don’t get it. Why? Because the job DEMANDS they work on weekends and they won’t. Is this religious discrimination? Absolutely not. Of course they have the right to refuse to work on the weekend, and the job has the right to not hire them.

    The habib violates company dress policy. McDonalds, like any other job that demands a uniform, expects their dress code followed. McDonalds doesn’t have to show that the habib would negatively affect business, or would hurt productivity. All they have to show is that, by refusing to remove it, that the employee is refusing to follow company policy.

  • RebTex

    On a side note, it’s ironic that the ad that’s in the comment box is for “Beautiful Moslim Singles For Matrimony”
    HA!

  • cb

    The suit was filed because the employer’s dress-code policy forbids the ladies’ choice of clothing. Outside of the occupation, the head scarf is not mandatory and is not a medical condition. Even if it were considered mandatory, I don’t think the case would have merit.

  • cb

    Sure it is.

    Beliefs other than those required to do the job (work ethic, health code, thievery)?

  • http://sayanythingblog.com/ likwidshoe

    cb – Beliefs other than those required to do the job (work ethic, health code, thievery)?

    Most definitely.

    Your reputation precedes you. Always does. An employer will take that reputation, earned or not, into consideration during the hiring process.

    The law is only now catching up to this glaring and ‘always was’ reality.

  • http://sayanythingblog.com/readers/author/Anna/ Anna

    Did these two know each other? Or did they just happen to apply at the same McDonald’s, at the same time, and hire the same crook lawyer?
    BTW Toi and Quiana – I want a bacon burger with extra bacon .. get to it :roll:

  • RebTex

    “…All you’ve done is make vague insults against vague behaviors; which, by the way, the way you’ve phrased the quoted potion, suggests that discrimination based on pre-employment behavior which doesn’t impede work or dress code, but that implies the subject has certain beliefs, is acceptable (which isn’t even legal). ”

    .
    .
    I have made no insults.
    I pointed out that one kind of fanaticalism is just as detrimental as another.
    I draw my conclusions from my personal experiences in filling jobs with qualified applicants.
    Even the hygene habits of an applicant carries weight in a pre-employment interview.
    Some actions or appearances carry more weight than others, obviously.
    For instance, would you want someone with sores around their mouth preparing your food?
    Would it matter if the manager had a letter from a doctor that the condition wasn’t communicable?
    What about dredlocks or stray hair?
    Would you want someone with stray hairs working over your McRib?
    What about a guy missing an arm….but had a long nub?
    Would you want him clasping your bag of big mac’s under that nub?
    All these things ARE valid issues in the pre-employment interview.

  • http://sayanythingblog.com/ likwidshoe

    Jack asks another dumb question, Just so we’re clear: are you saying that ALL muslims are inherently terrorists?

    You’re a fucking idiot for even thinking that that’s a good question to ask. “Just so we’re clear”: your question is bullshit because it presupposes the answer.

    No, you idiot. Just so we’re clear, not all Muslims are terrorists. What all Muslims are, however, are worshippers of a child molester.

    That’s just plain evil in my book. Muhammed was 52 years old and married a six year old girl named Aisha. He waited three years for the little girl’s vagina to open up wide enough to consummate the relationship. Are you sickened yet? You should be. Aisha is referred as “Mother of the Believers” by Muslims. Are you sickened yet? You should be.

    But the religion started by a warmonging child molester is just the same kind of “superstitious mumbo-jumbo” as other religions, right? ONLY IF YOU’RE AN INDISCRIMINATING IDIOT.

  • http://forums.kikizo.com/ Eddie_the_Hated

    They’re not eliminating the demographic from their potential employee base. They’re just applying a dress code.

    Not technically no.

    -McDonalds doesn’t allow Hijabs.
    -I’m a Muslim woman who must wear a Hijab.
    -I can abandon my religion, or not get hired.

    I’m not saying they have a foot to stand on legally, and there’s no doubt they’re asking for an inordinate amount of money, but with the amount of orthodox Muslims in the area, I’ve got to wonder what the fuss is about.

    Fine then. My religion requires me to wear a beer hat at all times.

    Don’t want to hire me? Talk to my lawyer.

    Assuming there’s no alcohol in the beer-hat on premise, and there’s tens of thousands of like-minded believers, I believe that would fall under reasonable accommodation…

    I mean, really… it’s not like we’re going to McDonalds for the snappy dressers running the register.

  • http://forums.kikizo.com/ Eddie_the_Hated

    They’re not eliminating the demographic from their potential employee base. They’re just applying a dress code.

    Not technically no.

    -McDonalds doesn’t allow Hijabs.
    -I’m a Muslim woman who must wear a Hijab.
    -I can abandon my religion, or not get hired.

    I’m not saying they have a foot to stand on legally, and there’s no doubt they’re asking for an inordinate amount of money, but with the amount of orthodox Muslims in the area, I’ve got to wonder what the fuss is about.

    Fine then. My religion requires me to wear a beer hat at all times.

    Don’t want to hire me? Talk to my lawyer.

    Assuming there’s no alcohol in the beer-hat on premise, and there’s tens of thousands of like-minded believers, I believe that would fall under reasonable accommodation…

    I mean, really… it’s not like we’re going to McDonalds for the snappy dressers running the register.

  • http://bullwinkleblog.com/ Bullwinkle

    2 words for Lestat-

    Sausage McMuffin.

  • http://insanereindeer.blogspot.com/ Kenny

    The exact same thing—superstitious mumbo-jumbo.

    Even if that’s true, one superstition wants to save your soul, and the other wants to hack off your head.

    Apparently that’s “the same thing”. What an asshat.

  • http://forums.kikizo.com/ Eddie_the_Hated

    Shouldn’t have hired the ragheads in the first place…just asking for trouble. That seems to be the problem.

    There’s no room for your ignorant racial bigotry in this debate. Remind me to completely discount anything else you ever have to say on any subject matter.

  • http://forums.kikizo.com/ Eddie_the_Hated

    Where does the line finally get drawn, eddie

    If it interferes with the workplace. That’s where, and the supreme court agrees with me.

    If she decides not to serve pork, fire her.
    If she decides not to serve a Jew, fire her.
    If she decides not to serve a man with a seeing eye dog, fire her.

    but we’re not talking about any of those. We’re talking about wearing a hijab, which does not affect customers, employees, managerial staff, and clearly falls under the reasonable accommodation described by the supreme court.

    Also, I resent people using the domino effect, or a slippery slope as an effective argument. The domino effect isn’t a certain outcome in politics, in warfare, in anything, really. If the domino effect was a legitimate means of defense, one could argue, (I say again) that allowing Hijabs encourages domestic terrorism. Let hijabs in, more muslims come in, more muslims means more muslim extremists, more muslim extremists means your quarter-pounder gets replaced with Semtex with a tooth-activated detonator…

    If there’s a rational argument for why this woman shouldn’t be allowed to observe a religious custom that does not effect anybody, that doesn’t involve “what if”s I’ll be glad to hear it, and rebut it, but the current rationale doesn’t seem rational at all to me.

  • pparets

    Eddie:

    and it wouldn’t kill McDonalds to accomodate to a harmless religious practice..

    The issue isn’t accomodating religion; the issue is the right of a private business to set standards for it’s employees.

    If the muslim lady refuses to handle pork products, will another employee have to step in and take care of the transaction?

    If the muslim lady announces that she needs private prayer space for her morning, noontime, afternoon or evening prayers, will the employer have to provide it?

    And if the employer then hires an orthodox jew, is the muslim lady entitled to demand that they have seperate work stations or different hours?

    Can the muslim lady refuse to serve customers who are immodestly dressed or jewish? Can she reuse to serve a blind man with a seeing-eye dog?

    Where does the line finally get drawn, eddie?

  • H. Keester

    Food safety and health rules apply. If you can’t abide, fire them. Shouldn’t have hired the ragheads in the first place…just asking for trouble. That seems to be the problem.

  • RebTex

    “Please explain how that is the same thing.”
    .
    .
    Surely
    .
    .
    .
    .Fanaticalism, above a very slim degree, has no place in the work environment.
    Any signal of fanaticalism should be used to decide on the hiring of a prospective applicant.

  • robert108

    Woof: Why not just consult their dress code? Maybe you just needed to spew some more of your Jew-hate.

  • Jack

    Does the religion itself inspire violence?

    Again, I just want to make sure I understand you (you’re a conservative and so very adept at talking in circles):

    Are you claiming that Islam is inherently violent, and that all 2.8 million American muslims are violent as well?

  • http://sayanythingblog.com/ likwidshoe

    The exact same thing—superstitious mumbo-jumbo.

    Regardless. One of the “superstitious mumbo-jumbo” symbols symbolizes peace, tolerance, and does not even attempt to threaten me in any way.

    Can one say the same about Islam or anything Islam related?

    And therein lies all the difference in the world. The two are not comparable in the sense that actually matters, at least not in the point above and the way it was framed.

  • Hey

    Well not being rude but im not able to wear my cross to work so its far i would be upset if they wear able to show there Religious beliefs at work, i was not

  • http://sayanythingblog.com/ likwidshoe

    “Hey” – Well not being rude but im not able to wear my cross to work so its far i would be upset if they wear able to show there Religious beliefs at work, i was not

    What does the cross symbolize?

    And what does Islam symbolize?

    The answer to that question makes all the difference in the world.

  • http://insanereindeer.blogspot.com/ Kenny

    lik and kenny:
    Just so we’re clear: are you saying that ALL muslims are inherently terrorists?

    Whether all Muslims are inherently violent is irrelevant. Does the religion itself inspire violence?

    Caught in utter stupidity, the know nothing imbecile now tries to craft an accusation of racism. And fails again…

  • Jack

    Jack, you’re worth nothing other than a cheap laugh

    .

    Then why do you keep deleting my comments? Scared?

  • http://sayanythingblog.com/ likwidshoe

    Are you claiming that Islam is inherently violent, and that all 2.8 million American muslims are violent as well?

    Another stupid question.

    Jack, you’re worth nothing other than a cheap laugh.

  • Jack

    lik and kenny:

    Just so we’re clear: are you saying that ALL muslims are inherently terrorists?

  • caleb

    Isn’t an employer allowed a particular uniform code? Especially when a Hijab could present a health issue to the food industry? A hijab hangs and could easily hang into the food. It is a health and safety risk and has no reason to be worn in a fast food environment.

  • Jack

    What does the cross symbolize?

    And what does Islam symbolize?

    The exact same thing—superstitious mumbo-jumbo.

  • robert108

    I guess that’s why they call it a “dress code”, isn’t it?

  • cb

    likwidshoe, I hadn’t thought of that. I was thinking of “behavior” as anything immediately observable by the employer in the process of obtaining the job, but that’s a good point.

  • WOOFX

    A Supreme Court decision sounds
    like the Law to me.

    Don’t fast food workers wear hats for
    the sanitary reason of keeping hair out of food?
    Whats the big deal about a scarf which
    accomplishes the same thing? A hat can be worn
    over the scarf.

    Employers tell workers they can’t
    smoke in the workplace, they tell
    them they can’t smoke at home,
    where’s the limit?
    Can’t bring your gun to work, can’t have
    a gun at home?

    If I go to church on Sunday
    Then cabaret all day Monday
    Aint nobodys business if I do

  • WOOFX

    Would McD refuse employment
    to a Jew who wore a skullcap?

    Image and video hosting by TinyPic

  • http://sayanythingblog.com robport

    I find it odd that McDonalds corporation would eliminate such a large demographic from their potential employee base. I’ve worked fast food. A Hijab does nothing to prevent a person from working fast food… trust me.

    They’re not eliminating the demographic from their potential employee base. They’re just applying a dress code.

    I’d be willing to wager money that McDonald’s in the Detroit/Dearborn area already employs Muslim men and Muslim women who are willing to comply with the company’s policies.

    If you ask me, this is a $10,000,000 shakedown not an example of discrimination.

    As for the firearm analogy? I’m of the belief that background-checked law-abiding citizens should be able to keep their CPL useful wherever they go, however the company prevents weapons of any kind from entering the premise. This is a relatively logical liability clause. Negligent discharge is possible, as is a robbery, and McDonalds doesn’t want to deal with the PR debacle and settlements that would ensue. Also understandable from corporate mindset. However, what is so dangerous, or detrimental in any sense about the Hijab?

    Fine then. My religion requires me to wear a beer hat at all times.

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    Don’t want to hire me? Talk to my lawyer.

  • WOOFX

    The law:
    The Supreme Court has ruled that an employer need not incur more than minimal costs in order to accommodate an employee’s religious practices. Trans World Airlines v. Hardison, 432 U.S. 63 (1977). Nevertheless, an employer may not simply refuse to accommodate an employee. If the employer claims that accommodation is not feasible because it would result in undue hardship, the employer must demonstrate an actual effect that accommodation would have on the business. However, once the employer has reasonably accommodated an employee’s religious needs, the employer need not consider the employee’s alternative suggested accommodations if the employee’s preferred accommodation would not cause undue hardship to the employer. Ansonia Board of Education v. Philbrook, 479 U.S. 60 (1986).

    Parallel to the duty imposed on employers to accommodate the religious needs of their workers, employees seeking to observe their religious beliefs and practices must help resolve conflicts between job duties and religious needs. Thus, when an individual accepts a job, he or she should indicate to the employer any religious commitments that may conflict with work responsibilities.

    The LAW

  • http://sayanythingblog.com robport

    Congress has written a law saying employers cannot discriminate based on religion, they have written no such law about guns.

    And if this employer were discriminating based on religion you might have a point.

    But he’s not. He’s discriminating based on dress code, which he is certainly allowed to do.

    He has said that the women could work for him if they’d remove their headscarves. Certainly that does not sound like the sort of offer that would come from someone who doesn’t want Muslims working for him at all.

    I mean, do you even know if this guy might have other Muslims working for him? Muslims who agreed to comply with the dress code?

    It’s pretty stupid of you to accuse this guy of being a bigot simply because he wants to enforce a dress code.

  • http://sayanythingblog.com robport

    If the restriction has no bearing on the ability to perform the job than it is a Civil Rights violation and yes, it is illegal.

    No, actually, it’s not.

    I’ll go back to my gun example. I have a right to keep and bear arms, but that right doesn’t extend to my being able to carry a gun while in someone else’s employ.

    And unlike the “right” to wear a headscarf, my right to own a gun is actually in the Constitution.

    If this guy refused to hire any Muslims he’d be guilty of discrimination. But he’s not refusing to hire Muslims. He’s refusing to hire women who won’t conform to his company’s dress code.

    That their interpretation of their religion requires them to wear head scarves while out in public is not his fault.

  • http://sayanythingblog.com robport

    Since wearing the hijab is part of the religion, McDonalds must show that wearing the hajib effects the work. McDonalds will not be able to do this.

    My religion requires me to wear my sidearm at all times.

    I’m sure you’ll be defending my lawsuit against McDonald’s when they won’t let me go about armed, right?

    You liberals are so dense. Yes, we have freedom of religion of this country. No, that doesn’t mean you can impose your religion on other people up to and including businesses.

    The anti-discrimination laws were meant to prevent people from being hired because of their religion, not because they choose to wear hats or hijabs or what have you.

    Religion is choice. If you choose to practice a religion that requires to to dress in a way that disqualifies you from working at a certain place of business well that’s your tough luck.

    Your choice is not a mortgage upon the freedom of others.

  • http://sayanythingblog.com robport

    I’m not saying they have a foot to stand on legally, and there’s no doubt they’re asking for an inordinate amount of money, but with the amount of orthodox Muslims in the area, I’ve got to wonder what the fuss is about.

    Well I’m glad you agree that there’s no legal footing for this lawsuit.

    I’ll admit that if I were calling the shots at McDonald’s I’d just make an exception for the hijab because I don’t really see where it would keep them from doing their work. Although I do find forcing women to go about covered like that to be an offensive practice.

    But I suspect that allowing these women to work in their hijabs wouldn’t have been enough. I think that if they’d been hired they soon would have filed a lawsuit over being required to handle pork (sausage breakfast sandwiches, for instance).

    Assuming there’s no alcohol in the beer-hat on premise, and there’s tens of thousands of like-minded believers, I believe that would fall under reasonable accommodation…

    Now you’re being absurd.

    As for this:

    -McDonalds doesn’t allow Hijabs.
    -I’m a Muslim woman who must wear a Hijab.
    -I can abandon my religion, or not get hired.

    Hey, life’s tough. Religion is a choice. If you choose a religion that disqualifies you from a certain profession that’s your fault, not the company.

    It’s like pacifists who sign up for the military and then try to claim conscientious objector status when they get sent to war.

  • http://sayanythingblog.com robport

    Just because something is “the LAW” doesn’t mean it’s right Poodle. And what you’re quoting there isn’t “the LAW” it’s someone advocacy group’s interpretation of “the LAW.”

    Why should your religious choice infringe upon my freedom to run my business as I see fit? Why do I automatically have to accommodate your religious customs? Why can’t you accommodate my dress code?

    it certainly wouldn’t kill McDonalds to accommodate to a harmless religious practice.

    It’s the principle of the thing. Everything is a slippery slope.

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