Teen Sues Burger King After She Was Fired For Wearing Skirt Instead Of Pants

Teen Sues Burger King

A Texas teen filed a lawsuit against Burger King as she was purportedly fired on her first day of work because of her religion.

Ashanti McShan was 17 years old when she applied as cashier at the Grand Prairie, Texas Burger King in August 2010, as stated on the suit filed on her behalf this week by the Equal Employment Opportunity Commission (EEOC).

McShan, a member of the Pentecostal Church, informed the Burger King branch that she would need to wear a skirt instead of the uniform pants as her religious beliefs forbid women to wear men's clothing. The employee she spoke to during the interview "assured her that she could wear a skirt to work."

However, as she arrived at orientation, she was told by store management that her skirt was an unacceptable alternative and subsequently sent home. McShan’s calls to higher management went unreturned and she was never asked to return to work.

Such alleged conduct is in violation of the Title VII of the American Civil Rights Act of 1964, which prohibits religious discrimination in the workplace. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks back pay, compensatory and punitive damages, and injunctive relief to ensure that no further discrimination takes place.

"Accommodating Ms. McShan’s religious beliefs would have been simple and cost the company nothing," said EEOC Trial Attorney Meaghan Shepard. "Management’s failure to comply with federal law deprived this teenage girl of the opportunity to work during her senior year of high school."

Regional Attorney Robert A. Canino of the EEOC’s Dallas District Office added, "We haven’t come far enough in our respect of religious liberties at the workplace if we have employers saying that uniform policies trump a religious observance without articulation of any hardship posed by letting an employee ‘hold the pickles’ and ‘hold the lettuce’ while wearing a skirt."

In fiscal year 2011, more than 4,000 charges of religious discrimination were filed with the EEOC.