I am located in NC. I work for a small independent franchise - a big company, but each store (these are retail shipping outlets) only has a handful of employees and an owner, far too small for the EEOC to get involved with. The owners have a lot of leeway and very little corporate oversight; in fact, that oversight is pretty much limited to store appearance, pricing, product, layout, etc.
The owner informed me just before going on his Thanksgiving vacation that for the month of December, "Santa hats" would be mandatory. As one of Jehovah's Witnesses (we don't celebrate Christmas or participate in any aspect of the holiday), I refused and attempted to explain why, both in person and quite thoroughly in email. He told me, "I'm Jewish, and I'm wearing one." I told him that was fine with me, but as one of Jehovah's Witnesses, I would not. He responded, "I guess you don't want to work in December, then".
On December 2, when I arrived for work, he told me in the back room, "If you're not going to wear the hat, you might as well go home." So I left, under inference that I am suspended for the entire month. A coworker witnessed both encounters and is willing to speak up for me.
Two cases come up in research, Velez-Sotomayor v. Progreso Cash & Carry Inc., where Sotomayor was suspended for refusing to wear a Santa hat. From what I can find, her case was successful. More recently, in 2010/2011, Belk fired one of Jehovah's Witnesses, Myra Jones-Abid, for refusing to wear a santa cap and apron. She won $55,000. The latter case was here in NC, in Raleigh.
I don't want to win a bunch of money from my boss, but I do want back wages, and I do want to make sure he never does this kind of thing to somebody else, regardless of their beliefs. I still have not quit, because I would prefer to be terminated. I would like to pursue a case, but I can't seem to find an attorney willing to take the case on contingency.
Anybody got some good, Title VII advice?
Edit: I applied for unemployment last week. Either he's fighting it or hasn't responded yet.
The owner informed me just before going on his Thanksgiving vacation that for the month of December, "Santa hats" would be mandatory. As one of Jehovah's Witnesses (we don't celebrate Christmas or participate in any aspect of the holiday), I refused and attempted to explain why, both in person and quite thoroughly in email. He told me, "I'm Jewish, and I'm wearing one." I told him that was fine with me, but as one of Jehovah's Witnesses, I would not. He responded, "I guess you don't want to work in December, then".
On December 2, when I arrived for work, he told me in the back room, "If you're not going to wear the hat, you might as well go home." So I left, under inference that I am suspended for the entire month. A coworker witnessed both encounters and is willing to speak up for me.
Two cases come up in research, Velez-Sotomayor v. Progreso Cash & Carry Inc., where Sotomayor was suspended for refusing to wear a Santa hat. From what I can find, her case was successful. More recently, in 2010/2011, Belk fired one of Jehovah's Witnesses, Myra Jones-Abid, for refusing to wear a santa cap and apron. She won $55,000. The latter case was here in NC, in Raleigh.
I don't want to win a bunch of money from my boss, but I do want back wages, and I do want to make sure he never does this kind of thing to somebody else, regardless of their beliefs. I still have not quit, because I would prefer to be terminated. I would like to pursue a case, but I can't seem to find an attorney willing to take the case on contingency.
Anybody got some good, Title VII advice?
Edit: I applied for unemployment last week. Either he's fighting it or hasn't responded yet.
Last edited:
