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If Disney owned the rights to the "Little Orphan Annie" stories, they could have hired this fellow to play the Punjab character. However, if they had offered that to him, he probably would also have sued... go figure.
cgriff
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And we wonder why things cost so much! Just think how much big business spends each year on stupid stuff like this.
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Things also cost a lot because of thieves. Which, trust me, we get....EVERYDAY.
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Originally Posted by CaptainJessicaSparrow
I'm glad someone else here knows basic civil law and HR.
Besides, Disney is a company that is allowed to use exceptions called bona fide occupational qualification and business necessity.
They can show that while they are not discriminating against his religion, they cannot give him the position he applied for (trumpter) based on his appearance. The band members all wear the same outfit, hats included. He cannot wear a hat due to his turban. He can have facial hair, it just has to be maintained to the standards set by the company.
Also, there is something a lot of people are overlooking. Disney has no record of him applying - which means, he most likely didn't. They are required to document every applicant and keep those records because of instances such as this. Ron was telling about this in class, and that they keeps records for years.
Also, he wasn't discriminated against because while he didn't qualify for the job he applied for, he was most likely offered backstage roles. If they intended to hire him for a different position and HE declined, then it's not discrimination.
As I said before, this is why Disney also calls it Casting. To be cast in a role, not given a job. That allows them to dictate how they want the appearance of their Cast to look. You really won't see a white person who is Mulan. If I go into work with green eye shadow, they will tell me to wash it off. If I colored the tips of my hair a different color (noticeably), they would tell me to change it back. It's all part of the show and every CM is in it, therefore we all must conform to the standards.
Otherwise, my hair would be Jessica Rabbit red again.
Wanting to dye your hair red and wearing certain headgear for religious reasons aren't exactly the same thing so I don't see how you can compare the two.
I can't decide if it's a good thing or a bad thing that people set such a store in Disney that when Disney says they have no record of him applying that everyone just assumes this is the truth. Disney has no record of me applying and I'm currently working for them so does that mean I never applied either?
I ran away from college and joined the Mickey Mouse Club!
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"Casting" is the perfect word for Disney hiring, and if he didn't fit the "Disney look", then he can't have the job. My oldest DS is in theatre, and he's often turned down for roles if he doesn't have the right look. This is not discrimination, it's just part of the requirements.
Doesn't Disney also have height/weight requirements for characters? I'm short and overweight, so I would never expect to be cast as Cinderella or Jasmine! I can't imagine WDW would say "no" to someone b/c of appearance-they'd probably say "no" to a certain role, but offer something more suitable instead.
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Sure took him lonbg enough to decide to file a lawsuit--or it took that long to find an attorney to take his case. I am quite certain that there is more to this story that may come out in the future.
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Wow! Can I sue Broadway if I go and audition for a part and don't get it? After all, they would be cheating me out of my chance for a Tony!!
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Can I sue Broadway for letting people think Wicked was good?
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This is just crazy, and I'm sure it won't get much better....
.....he'll get a settlement, out of court, spend that, and do it again, somewhere.....
.....I'm getting tired of people using religion to get over on the world, religion is to me anyway, for salvation not a pay check....
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I still don't understand why everyone needs to conform to others. His religous choices are his and his alone. Don't force others to accept it. I feel this way for all religions, even the made up ones.
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If the story about him being hired, removed from the band, asked to do menial tasks, fired, and then refused rehiring is correct then there just has to be more going on here then we know - especially since it says he reported it to HR.
Sure, there could be some rogue manager that has it out for this guy - but my hunch is that it's not terribly likely. If this guy really went to HR then I've got to expect that everyone made sure they dotting their i's and crossing their t's.
My guess is that either:
a) he is just shopping for some easy money
b) he was a problematic employee who just didn't get it and now nursing a grudge.
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I am so tired of hearing so many overuse the word "Discrimination" to get what they want! These days it seems to roll of the tongue, followed by "lawsuit"! I tell my children, life isn't always fair! And you get back what you put out! I believe in equality but not special exceptions for everyone! We'll probably never know all the why's & wherefore's on this, but I find it hard to believe that Disney would put itself in the position to be sued for discrimination. I think the diversity at WDW is amazing! It's a wonderful place to visit and see 1st hand so many different people from such varied backgrounds & cultures!
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1) At one of my plants, we had a similar problem.
2) A Yemen worker claimed exemptions and wanted special treatment.
. . . he wanted to wear a hijab (headgear)
. . . he wanted to pray three times during the shift
3) We said
. . . he could not wear the hijab under his hardhat due to poor fit
. . . he could pray on breaks, but not a third prayer on our time
4) He sued, and we won.
. . . dress that interferes with safety or uniforms can be denied
. . . his can combine two prayers of the five prayers, so he was not violated
Average Banjo Picker. Pretty-Good Sailing Master. Newly Ordained.
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He's using the premise that they already hired him once and he still looks the same now as then.
This has nothing to do with religious discrimination, however. If the people casting don't think he qualifies , they don't have to hire him. Every person ever turned down for any job , anywhere ,can claim some form of discrimination , because ,basically , it is. Lots of people in my company don't get re-hired after they leave . The reasons are many , but we also have a grooming standard .People like Sukhbir Channa think they have a foolproof reason to keep coming back without question.
According to a Sun-Sentinel article , he's enlisted the help of several Sikh friends to join him in this case.
If Disney loses this case it effectively opens up the floodgates for any goofball to apply , then when they get turned down ,claim discrimination on appearance.
Here's hoping he doesn't get a dime.
" Everybody's got a laughin' place "
Steve
Trips to Walt Disney World : many !
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Originally Posted by AnnetteFan
I actually believe him. Disney is very serious about their Disney Look and it's something they cover as soon as you apply. It's kind of touchy when it comes down to religion, Muslim women can't wear headscarves unless they take a backstage position, several Muslim women work in costuming since it doesn't involve guest interaction and they can wear their scarf. My question is if they offered him a backstage role or nothing at all. I can totally see where he's coming from but 1 million is completly outrageous.
Originally Posted by AnnetteFan
I'm a little surprised that no one sees a problem with not hiring someone because of something they're required to wear for religious reasons. If it was just someone mad because Disney told him he couldn't have a facial piercing it would be completly different. I honestly think Disney should loosen their policy and allow women to wear headscarves in onstage roles and that sort of thing.
I think the fact they they are offered a role (even back stage) shows that Disney is trying to accomodate all people of all religions.
When you say that they should loosen their policy and allow women to wear head scarves I have to wonder where we draw the line. Can this person be cast as the new Cinderella? If so, then would we not have just created a new character for that person? A person with a headgear would not look right in tomorrow land either.
Maybe Disney does need to lighten up in some areas, but casting is not one of them. When I walk into frontier land, I want to BE in frontier land. It is called casting for a reason.
I have nothing against the person or the religion, but I am in Disney World!! If we are going to change Walt's dream for 1 or 2 people, that is insane.
Oh yeah, I want my 10 commandments back and prayer in school.
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Originally Posted by AnnetteFan
Disney has been willing to allow females to wear skirts instead of pants for certain costumes that would normally require pants if it's for religious reasons so I don't see how they would be willing to make an exception for that but not other things.
Maybe so, but there are certain jobs that they would not give to someone who could not wear pants, because loose fitting clothing would be a saftey hazard. (loose fitting clothing like skirts and dresses, pose a saftey hazard around machinery)
"Welcome, Foolish Mortals..."
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Originally Posted by CaptainJessicaSparrow
Can I sue Broadway for letting people think Wicked was good?
I liked Wicked, but I would like to sue Broadway for Cats. I do not want much, just the $100 I wasted to see it.
"Welcome, Foolish Mortals..."
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If it's wrong to treat a potential employee differently because of their religious beliefs, should it be just as wrong for them to demand special treatment because of religious beliefs.
If they were to allow the exception to one person, based on their religious beliefs, doesn't that result in discrimination by allowing that special treatment only to some? Would Disney then have allow every employee to ignore that portion of the rules?
To me it sounds like "I demand to be treated the same as everyone, except where it benefits me".
Marker from MO
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This is so ridiculous. If an American were to pull this kind of stunt in another country, at worst we would be kicked out of the country. At best, we would be ridiculed in the media. Since our media in this country is so slanted to the left, stories like this are frequently not a source of focus.
We should give him a one way ticket home and move on.
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Originally Posted by AnnetteFan
I'm a little surprised that no one sees a problem with not hiring someone because of something they're required to wear for religious reasons. If it was just someone mad because Disney told him he couldn't have a facial piercing it would be completly different. I honestly think Disney should loosen their policy and allow women to wear headscarves in onstage roles and that sort of thing.
Oooh! Ooooh! I think I got this one!
According to Title VII, it's ok to discriminate based on religion, so long as the employer made an offer for reasonable accommodations. These accommodations don't necessarily have to be "reasonable" to the applicant, so long as the employer offered SOMETHING comparable in responsibility and payment. The court shouldn't consider any other "better" alternatives he could come up with, so long as SOMETHING was offered!
Assuming, he was offered a backstage role at a reasonable salary, that would likely be good enough.
(Yay! Maybe I will pass the bar exam after all! LOL! PS - don't assume what I said above is true. This is how I would answer this question on the exam - doesn't mean its 100% right! HAHAHA)
Janine
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