Anonymous wrote:This is racist. If she's fired over it, she should absolutely get an attorney.
Please don't assert legal advice if you're not educated in the law.
As a black woman, who is also an attorney; to review this case I'd need to remove all emotion involved, strictly perceiving it from a legal standpoint (in discussion of whether litigation/a lawsuit by the employee would be successful or even advisable).
After review... this may qualify as hurt feelings, but it does NOT qualify as racism.
This particular business is an establishment that caters to and cares for the elderly -- including those who struggle with dementia & alzheimers.
As with the 99.9% of businesses, they aren't in business to cater to the employees, as the employees do NOT pay money to be there.
The patients do -- there is a difference.
After reviewing the information listed here, in my opinion, I feel strongly that this employee would not be successful in litigation.
The justification -- the boss wasn't being racist by telling the employee to keep her looks cohesive; as this was stated out of concern for their resident's elucidation & safety.
Without additional corroborating evidence or statements, it would be extremly difficult to prove that this was a racial issue on these grounds alone.
The ONLY grounds I can presuppose which may be a mitigating factor for litigation, would be if the employer had stated "NO wigs allowed, period", as counsel could argue that women of color are the subset of society that predominantly purchase weaves, wigs, bundles, falls or extensions (besides those with alopecia, patients receiving chemotherapy, etc) and therefore, the employer was singling her out due to race.
However, even then I believe grounds substantiating racism would be shaky at best, as it would be difficult to petition or convince a jury of racism with this evidence alone.
If the employer hasn't done so yet, they should create a policy & procedures manual which states their policies clearly, ASAP.
As long as these policies don't infringe on an employee's civil rights or safety, it is up to the employee to decide whether the workplace and their policies are a good fit for them (and yes, these policies include mandating what the employee can and cannot wear, as well as clearly defining what IS and is NOT acceptable).
That's just the way it is.
Workplace uniform is a requirement in most places of employment & businesses.
Nobody is being forced to work at a business if they don't like their policies.
In my opinion, the case would most likely come down to exposing the character of the employer/defendant, however...
If that's the method they're going to use, the plaintiff had better make sure that her closets are skeleton free as well, because a defense attorney WILL do a deep dive into the plaintiffs background to see if they too are of good character & if they should be believed as a credible witness, as well.
In my opinion, litigation would NOT be advisable for this employee, as they would be perceived as selfish, inconsiderate and much more concerned with an entitlement to their fashion statement, rather than a concern for their patient's safety, security & well being.
Any defense attorney worth their weight WILL exploit this as an unethical & immoral character flaw, and the employee will be painted as someone who can't see past their own selfishness, and should never be trusted to care for the elderly or infirmed again.
There is no light that this employee comes out looking positive in -- trust that this WILL leave an extremely bad taste in any jury's mouth.
You can also trust that once that genie is out of it's bottle, that employee has no control and no idea of where that information ends up, or how it can be used against them (ie; "well meaning" jurors contacting medical boards, board of nursing for their state, etc).
After all is said and done, he only people who would make any money in a case such as this, are the attorneys.
- signed, a black woman & attorney whose parent died of Alzheimers.
* these statements are speculative in nature and of my own.
I do not specialize or practice civil rights law, nor am I providing legal advice.