Any lawyers-advice?

[jag]

I spoke with a senior attorney at my lawfirm and was able to get some helpful information for your friend. She needs to start documenting every occurence in which her boss/manager has made fun or called her names regarding her scarves. Also, she needs to get a letter (preferably by her attorney) to her human resources department alerting them to the problem in writing and requesting that the boss cease and desist from calling her any further names. They need to emphasis the fact that there is no suitable alternative (wigs, hats etc) and that wearing scarves is a reasonable accommodation under the circumstances. She can also contact the Equal Employment Opportunity Commission for further advice and to possibly lodge a complaint. However, I would strongly advise her to wait until her attorney returns, or contact the attorney's firm and speak to another attorney on staff who can send a letter out to her employer asap.

Sounds like she has potential claims for harrassment, hostile work environment as well as some other claims depending on which state she resides.

I know this is a lot of information, and of course, there is a ton more. Feel free to PM me with questions, and I will be happy to help! She should not sit back and take this kind of disparate treatment, its not only shameful, it's unlawful.

 

[infamiss]

this is my first post on the board!
i am in law school, so i have to give you the caveat that this is not legal advice, just the opinion of an informed member of the public.

first, she should know that there are laws that protect people who have disabilities and, in some states, people who are subject to discrimination because of their appearance, etc. it may be difficult for her to make a claim at this point. the has not been fired or demoted, so unless something like that happens it might be better for her to just deal with it an dpray that soon it will blow over and her health will improve. still, under the Americans with Disabilities Act (ADA) employers have to make accomodations for individuals with disabilities, i.e. they don't have to just not discriminate against them, they have to take affirmative steps to assist them in performing their jobs. Relaxing their dress code to allow her to wear a scarf may be an accomodation. Yet, in order for her to get help under this law, she has to be disabled. Dealing with the aftermath of cancer treatments is only a disability if it affects a major life function. I can't think of one off the top of my head, so she may have a difficult time proving this. Also, she has to weigh the possible benefit of such an action (or threat of one) with the additional hostility that she will face on the job.

I would suggest that she confer with her doctor and have him write a letter to her hr dept. saying that she needs to wear a scarf. If she does that, i doubt that hr will continue to be so inconsiderate.

I feel for her and hope that she get's healthy.

 

[BagLovingMom]

This is terrible! I don't specialize in employment either, I had the same thoughts about the EEOC as jag. I think that this is or at least has been a much litigated issue, I'm sure there are lots of resources for your friend. A few years ago, one of our Sr Attorneys battled cancer, she did wear a head scarf, although it is prohibited (outside of religious reasons) by our corporate dress code, I don't know that it was ever an issue, she wore the scarves and to my knowledge no one said anything. It's clearly a special circumstance. I hate that your friend is going through this, people can be such pricks! Best of luck to her