Overview
Linda Evans was a highly experienced coffee barista. She applied to work at Moondollars, a nationwide coffee chain, with stores in every state and over 10,000 employees. Linda interviewed with Melinda Chaney, the Vice President of Human Resources, who hired Linda on the spot. Chaney was so impressed with Linda that when Chaney hired her, she told Linda that she was being hired on a “permanent” basis. Linda became a prized Moondollars employee, earning several “Employee of the Month” awards. Linda took public transportation to work and, as a result, was occasionally late when the bus ran behind schedule. Linda’s manager told her that she understood the problem with taking the bus and, as long as her lateness did not become excessive, not to worry about it. Other employees who relied on public transportation were told the same thing.
After about two years of working for Moondollars, Linda became a member of the Church of Wicca, a modern-day, nature-based, pagan religion. As part of her religious practice, Linda began wearing a necklace with a Wiccan cross. Customers of Moondollars soon started to complain about Linda’s display of the Wiccan cross, telling Linda’s manager that they did not want to be served by a “witch” or a “devil worshiper.” Some of the other employees complained as well. Linda’s manager asked Linda to take the cross off when she came to work or to tuck it into her shirt so that it wasn’t visible. Other employees who wore Christian crosses were not asked to take them off or hide them, so Linda refused her manager’s request.
The next time Linda was late for work, she was written up. Two weeks later, she was fired.
Linda filed a complaint with the Equal Employment Opportunity Commission (“EEOC”) claiming that her Title VII rights were violated when she was asked to take off or hide her Wiccan cross and that she was fired for exercising her religious beliefs. Linda obtained a right to sue letter from the EEOC and thereafter filed a lawsuit against Moondollars, alleging that (1) it had violated her rights under Title VII of the 1964 Civil Rights Act by asking her to remove or hide her Wiccan cross and thereafter by terminating her employment; and (2) she had been wrongfully discharged because she was told when she was hired that her employment would be permanent. Moondollars defended, asserting that (1) Linda was an at-will employee who could be fired at any time, (2) asking Linda to not have her Wiccan cross visible at work was a Bona Fide Occupational Qualification (“BFOQ”) because it was necessary to keep its customers happy in order for the business to succeed, and (3) even if keeping its customers happy was not a BFOQ, Moondollars would have made the same decision to fire Linda because of her tardiness and failure to obey a direct request of her manager.
For purposes of your analysis, assume that the Church of Wicca is a recognized religion subject to the protections of Title VII.
DISCUSS THE LIKELY RESULT OF LINDA’S LAWSUIT AGAINST MOONDOLLARS. BE SURE TO DISCUSS THOROUGHLY ALL OF LINDA’S CLAIMS AND THE LAW APPLICABLE TO THOSE CLAIMS, HOW THE SPECIFIC FACTS OF THE CASE APPLY TO THAT LAW, AS WELL AS EACH OF MOONDOLLARS’ DEFENSES AND HOW THE FACTS AND LAW APPLY TO THOSE DEFENSES.
EXPLAIN HOW THE SPECIAL BURDEN SHIFTING RULE APPLICABLE TO TITLE VII CASES WOULD WORK IN LINDA’S LAWSUIT.
WHAT ARE LINDA’S POTENTIAL REMEDIES IF SHE WINS?