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  • #41
    Re: Former Disneyland Worker sues Disney

    I remember seeing pictures two years ago of what they gave her to wear and it included a hat over the headscarf and the collar of the costume pulled up over the neck portion of the scarf. Disney cast members should not be forced to wear a Disney designed hijab if it has been designed specifically to disguise or hide what it is. That is offensive and wrong and the Disney Company should definitely be called out on it.

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    • #42
      Re: Former Disneyland Worker sues Disney

      Originally posted by ShelbyH View Post
      I think it really is going to come down to "reasonable accommodation," as what I would consider reasonable clearly conflicts with what other people consider reasonable. Disney does have a history of accommodating religious practices. If this were some kind of class-action lawsuit, I think it might be a bit different, but it's not. I've never seen anyone walking around with a yarmulke even though there are likely devout Jewish men who practice that tradition working there.

      My other question would be, is this being litigated in Orange County? If so, there's a bit of an uphill climb for the plaintiff.
      From what I've heard she is suing in Federal Court. There is a Federal Courthouse in Santa Ana. I'm guessing it will probably be litigated there.

      Comment


      • #43
        Re: Former Disneyland Worker sues Disney

        Originally posted by ShelbyH View Post
        I'm trying not to prejudge, but realistically, my cousin was a CM and wanted to work on attractions and they offered her custodial or parking. She didn't sue because she didn't get the position she wanted. She just took one of the two that was offered to her.
        Not much of a comparison.. this girl already worked in her position. If I recall the earlier coverage of this.. she worked in the position and then became more religious and wanted to wear her garb. That's when the conflict started and why things are a bit more messy and weren't 'filtered' so to speak before the contradicting positions met.

        ---------- Post added 08-14-2012 at 09:23 AM ----------

        Originally posted by calsig31 View Post
        The problem is that we don't know what the head dresses looked like that they gave her
        Sure we do - artwork was published in the earlier news about this employee. Check out the link earlier in the thread - Imane Boudlal | Around Disney
        Check out my blog - Coreplex: Rambling from inside the Grid


        Am I evil? yes, I am
        Am I evil? I am man, yes, I am

        Originally posted by sleepyjeff
        Disneyland was meant to be sipped not chug-a-lugged

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        • #44
          Re: Former Disneyland Worker sues Disney

          Originally posted by OliviaVonDrake View Post
          I remember seeing pictures two years ago of what they gave her to wear and it included a hat over the headscarf and the collar of the costume pulled up over the neck portion of the scarf. Disney cast members should not be forced to wear a Disney designed hijab if it has been designed specifically to disguise or hide what it is. That is offensive and wrong and the Disney Company should definitely be called out on it.
          She knew the dress code when she signed up to work for Disneyland and they tried to accommodate her. If she didn't like it, go work somewhere else. Instead she doesn't show up for work and is let go then holds press conferences which she should be called out on.

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          • #45
            Re: Former Disneyland Worker sues Disney

            Originally posted by Mr Wiggins View Post
            In fact, there is no possible way you can know that.

            What is known for certain is that in all MiceChat threads that discuss lawsuits against Disney, the great majority of posts automatically assume -- without any knowledge of the specifics of the cases -- that the plaintiffs' motive is money, that Disney is innocent, that the lawsuits are frivolous, and that Disney is the victim.
            the point of suing someone is to get money. she obviously declined accommodations by disney so she could make herself out to look like a victim and sue a fortune 500 company

            ---------- Post added 08-14-2012 at 07:20 AM ----------

            Originally posted by calsig31 View Post
            Not always the case either. It depends if not showing up to work is a reasonable action in tar situation and what kind of causal connection can be found between her not showing up to work and sisneynot accommodating her.
            you really want disney to lose dont you

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            • #46
              Re: Former Disneyland Worker sues Disney

              Originally posted by Nemo123 View Post
              you really want disney to lose dont you
              I can't speak for Calsig but if the courts determine that her rights were violated, Disney deserves every bit of punishment allowable to them under the law.

              Comment


              • #47
                Re: Former Disneyland Worker sues Disney

                Originally posted by Nemo123 View Post
                the point of suing someone is to get money.
                Incorrect. Many lawsuits are filed with the goal of changing corporate or government behaviors and standards.


                Originally posted by Nemo123 View Post
                she obviously declined accommodations by disney so she could make herself out to look like a victim and sue a fortune 500 company
                It's not obvious at all -- it's an assumption you're making.


                Originally posted by Nemo123 View Post
                you really want disney to lose dont you
                That's as incorrect as your statements about the lawsuit itself. Even a casual reading of calsig31's numerous posts on legal matters shows he really wants the legal process to work fairly.
                "Disneyland is often called a magic kingdom because
                it combines fantasy and history, adventure and learning,
                together with every variety of recreation and fun,
                designed to appeal to everyone."

                - Walt Disney

                "Disneyland is all about turning movies into rides."
                - Michael Eisner

                "It's very symbiotic."
                - Bob Chapek

                Comment


                • #48
                  Re: Former Disneyland Worker sues Disney

                  Originally posted by calsig31 View Post
                  The problem is that we don't know what the head dresses looked like that they gave her. They may not be reasonable to someone of that religion. A Dodger cap and a yarmulke will both cover one's head but they serve two different purposes.
                  Disney did release drawings of head wear they offered to let her wear. My own personal opinion is that they were reasonable accommodations, but ... I don't know whether the employee had legitimate objections to them, and the accommodations came only after the employee had to miss many shifts and file an EEOC charge. I know the employee claimed that the alternative was unsuitable for certain non-specific reasons, but I don't know the specific reason. The employee offered to wear a head scarf that matched her uniform and had a Disney logo, but Disney said no.

                  Originally posted by Malina View Post
                  It doesn't matter. Adhering to uniform standards is an accepted condition of employment. She agreed to abide by those standards when she was hired. If she chose not to follow them, they had every right to terminate her, whether the deviation was wearing her own headscarf or dyeing her hair purple.
                  It does matter. As a matter of law, it matters. Wearing religious attire is a statutory exception to everything you asserted in this post.

                  Originally posted by ShelbyH View Post
                  Although my understanding, based on the articles I have read, is that they did not terminate her for dress violation. They terminated her for job abandonment after she refused to return to work.
                  She refused to work without her head scarf, and she refused to take an alternative of working away from the public's eye. The law will treat that as an adverse employment action based upon the religious dress.

                  She wasn't an actor, and this wasn't a role. She was a hostess at a restaurant outside the parks.

                  Originally posted by DisneyIPresume View Post
                  From what I've heard she is suing in Federal Court. There is a Federal Courthouse in Santa Ana. I'm guessing it will probably be litigated there.
                  She is suing in the U.S. District Court. It's not on PACER yet but you can read it for yourself at this link where the Hollywood Reporter has a copy of the unfiled lawsuit. It probably will be assigned to Orange County, but it could be sent to a courthouse in Los Angeles or Riverside.

                  The lawsuit is about more than just the head scarf, by the way. It also alleges that ignorant co-workers hassled her, calling her things like "terrorist" and "Kunte Kinte", and that management did not do anything about it. If true, that's outrageous.
                  Fight On!:sc: Beat the Red Wolves!

                  Tom Chaney Memorial Debate Lounge Quote of the Week:

                  [None]
                  The brick walls are there to stop the people who don't want it badly enough - Randy Pausch

                  Comment


                  • #49
                    Re: Former Disneyland Worker sues Disney

                    Originally posted by steamboatpete View Post
                    Disney did release drawings of head wear they offered to let her wear. My own personal opinion is that they were reasonable accommodations, but ... I don't know whether the employee had legitimate objections to them, and the accommodations came only after the employee had to miss many shifts and file an EEOC charge. I know the employee claimed that the alternative was unsuitable for certain non-specific reasons, but I don't know the specific reason. The employee offered to wear a head scarf that matched her uniform and had a Disney logo, but Disney said no.
                    According to Disney's side, they were working on the costume accomodations prior to the EEOC filing. They offered her to work in the back WHILE they were designing the costume option. Disney of course may be lying, but at least based on their side, it doesn't look like they waited until there was the pressure from the EEOC, unless of course she decided to ignore that they were working on it and file the EEOC before even seeing the alternative costume.

                    Comment


                    • #50
                      Re: Former Disneyland Worker sues Disney

                      Post # 27. Well done.

                      The more I think of it, why couldn't they accomodate her in a restaurant? The restaurant might be themed, but it is outside of Disneyland and the costume that they provided should have allowed an integrated headscarf. The issue should only be color and material. The hat and head wrap combo looks ridiculous and unacceptable.

                      I'm sure Disney will settle out of court.

                      Comment


                      • #51
                        Re: Former Disneyland Worker sues Disney

                        Just a thought.. wouldn't HR or her interviewer when she was applying, see the issue before she was hired and tell her about it then?
                        :meet: Because Bert Said So! :meet:

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                        • #52
                          Re: Former Disneyland Worker sues Disney

                          Originally posted by planetsix View Post
                          Just a thought.. wouldn't HR or her interviewer when she was applying, see the issue before she was hired and tell her about it then?
                          She apparently decided to wear the hijab after an extended period of time already working there.

                          ---------- Post added 08-14-2012 at 10:11 AM ----------

                          Originally posted by StevenW View Post
                          Post # 27. Well done.

                          The more I think of it, why couldn't they accomodate her in a restaurant? The restaurant might be themed, but it is outside of Disneyland and the costume that they provided should have allowed an integrated headscarf. The issue should only be color and material. The hat and head wrap combo looks ridiculous and unacceptable.

                          I'm sure Disney will settle out of court.
                          It's not like it was a Downtown Disney restaurant. It was in GCH so it is still subject to all the disney regulations.

                          I agree though that the hat was pretty ugly.

                          Comment


                          • #53
                            Re: Former Disneyland Worker sues Disney

                            Let's not forget tht she worked in her role for two years before she felt the need to wear her head covering. At that point, one knows exactly what is and isn't allowable under the Disney Look. Maybe she should have been brought in to assist with the look of her new headpiece so there could be a compromise made.

                            I agree, her coworkers and management should be held responsible if their alleged racist remarks were actually made. However I feel that the hijab portion of the case should be tossed.

                            Comment


                            • #54
                              Re: Former Disneyland Worker sues Disney

                              Originally posted by planetsix View Post
                              Just a thought.. wouldn't HR or her interviewer when she was applying, see the issue before she was hired and tell her about it then?
                              Possibly yes, possibly yes-but-ineffectively, and possibly not at all -- it depends on the HR person and how the interview went down. Like Disney's other cubizens, the skill sets of HR employees and interviewers vary widely. (And like Disney's other departments it is highly politicized, with currying favor, playing to the pecking order and letting sleeping dogs lie being the most highly valued skills.)
                              "Disneyland is often called a magic kingdom because
                              it combines fantasy and history, adventure and learning,
                              together with every variety of recreation and fun,
                              designed to appeal to everyone."

                              - Walt Disney

                              "Disneyland is all about turning movies into rides."
                              - Michael Eisner

                              "It's very symbiotic."
                              - Bob Chapek

                              Comment


                              • #55
                                Re: Former Disneyland Worker sues Disney

                                I think asking about religious accommodation during hiring could be grounds for a lawsuit if that was the reason for rejection. It's a very difficult thing for employers to initiate the conversation. The candidate could certainly bring it up, but I wouldn't advise it since it could disqualify her although the employer would be smart to not respond. Disney should have dealt with the situation much better. It did feel it was arrogant to not accomodate her appropriately.

                                I do happen to think dealing with Muslim attire is a whole different ballgame when compared with Christian or Jewish attire. They are less likely to backdown.

                                Comment


                                • #56
                                  Re: Former Disneyland Worker sues Disney

                                  Originally posted by planetsix View Post
                                  Just a thought.. wouldn't HR or her interviewer when she was applying, see the issue before she was hired and tell her about it then?
                                  A company should never ask about an applicants religious affiliations at an interview. I've done hiring before and on the long list of items that we were not permitted to ask, asking about an applicants religion was one of them.

                                  Just like you can't ask if someone is a US Citizen, but have to ask, do you have authorization to work in the US.

                                  Now had she been wearing the piece of clothing in question at the interview and they hired her, she would have an even stronger case.

                                  From what I have read and seen on the alternatives Disney offered, I would not agree that any of them were reasonable.

                                  Comment


                                  • #57
                                    Re: Former Disneyland Worker sues Disney

                                    Originally posted by Westsider View Post
                                    There are already Muslim headscarves Onstage, designed and provided by Disney's costuming department, being worn by female Muslim Cast Members. I have seen them in Parking and Main Entrance, and I know of one lady in Costuming who wears an approved headscarve to work although she doesn't wear a "costume" and isn't Onstage.

                                    She isn't the only Muslim woman to work at Disneyland; there are others working there now who wear the Disney provided headscarve with their costume every day.

                                    This Miss Boudlal is just the only one to reject the multiple different headscarves and job positions that Disney offered her, and then she stopped showing up for her scheduled shifts. And then two years later she sues them and holds another press conference.

                                    That about sums it up.
                                    This is all speculation, of course, but the others working there may have a different degree of devotion to their religion. Perhaps working for Disney is more important to them and they don't want to rock the boat the way this lady does. Plaintiff in this case may just be standing up for her religious beliefs and may feel that she shouldn't have to sacrifice them.

                                    Originally posted by Nemo123 View Post
                                    the point of suing someone is to get money. she obviously declined accommodations by disney so she could make herself out to look like a victim and sue a fortune 500 company
                                    The point of suing someone is seek a binding legal decision for your position. Sometimes it calls for pecuniary relief, however there are other forms of relief as well. Plaintiffs usually seek to be put in the same position that they were in had the conduct of the defendant not occurred. When punitive damages are sought it is usually because the defendant did something so egregious as to warrant relief above putting the plaintiff back in the position that they were in. It is meant to punish the defendant, not enrich the plaintiff.

                                    In addition, if the jury awards an amount that is over the amount sought or is seen as too unfair, the judge has the power to reduce that amount through a process called remittitur.


                                    Originally posted by Nemo123 View Post
                                    you really want disney to lose dont you
                                    If it turns out that Disney has acted unfairly, then yes they should lose. If not, then Disney should prevail.

                                    Originally posted by steamboatpete View Post
                                    Disney did release drawings of head wear they offered to let her wear.
                                    Thank you for the link. I hadn't seen those sketches before.

                                    Originally posted by steamboatpete View Post
                                    The lawsuit is about more than just the head scarf, by the way. It also alleges that ignorant co-workers hassled her, calling her things like "terrorist" and "Kunte Kinte", and that management did not do anything about it. If true, that's outrageous.
                                    The only problem that I have with the "management did nothing about it" argument is that if the employees involved were counseled, it would not have been in front of the plaintiff. Any disciplinary action would have between Disney and those employees allegedly involved in the misconduct. If anything was done, Disney should have some records which they can produce to illustrate this and overcome prevail fairly easily on this point. If not, this can lead to a tough time for Disney.
                                    "Greetings, Starfighter! You have been recruited by the Star League to defend the Frontier against Xur and the Ko-Dan Armada."

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                                    • #58
                                      Re: Former Disneyland Worker sues Disney

                                      This will most likely get settled. The expense of going to court along with the expense of public perception would far outweigh a simple payoff.
                                      With kind regards,
                                      The Tony

                                      Comment


                                      • #59
                                        Re: Former Disneyland Worker sues Disney

                                        Originally posted by jsmith11618 View Post
                                        From what I have read and seen on the alternatives Disney offered, I would not agree that any of them were reasonable.
                                        Why, because the suggested head scarf was ugly? So are a lot of Disney costumes. This part of the suit really will come down to what is considered reasonable.

                                        Comment


                                        • #60
                                          Re: Former Disneyland Worker sues Disney

                                          Originally posted by APJ1127 View Post
                                          This will most likely get settled. The expense of going to court along with the expense of public perception would far outweigh a simple payoff.
                                          From David Koenig's Mouse Tales: ". . . unlike many other huge corporations, Disneyland won't settle suits just to make them go away. . . The park has much deeper pockets than the average plaintiff and can drag a case on for ten years if they have to. . . the late W. Mike McCray the hometown lawyer who represented the park during its first 30 years, "It's the only way to keep 50 lawsuits a year from becoming 500."
                                          (p. 192)

                                          America is a more religious country than France, which is hosting a number of disputes between those who want conformity vs. muslim women who want to wear head scarves. I expect Disney will be smart enough to try compromise and maintain magic while appearing to be promoters of a small world after all. It would be a mistake to alienate such a fast-growing population.
                                          Last edited by jcruise86; 08-14-2012, 01:18 PM.

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