Disney Worker Launches California Labor Lawsuit Alleging Religious Discrimination

December 19, 2012 10 Comments

By Gordon Gibb

Anaheim, CA A new California labor law that goes into effect in the New Year addresses a problem that Muslim Imane Boudlal had with her employer, Disneyland, over her choice of dress in deference to stated guidelines Disney observes for their employees. AB 1964 requires that California employers must make reasonable accommodations with regard to an employee's religious rights and freedoms, especially when it comes to attire.

The wearing of a hijab is an important aspect of the Muslim faith. Disney, which operates the iconic theme park in the state (as well as Disney World in Florida), is known for its attention to detail. That detail encompasses the dress and deportment of all its employees in an effort to complete the look and feel that becomes the Disney experience.

One can well imagine the conflict that could--and did--ensue for Boudlal.

According to the Huffington Post (8/13/12), Boudlal managed to land a part-time job two weeks after moving to California in 2008. While she did not wear her hijab, or headscarf initially, Boudlal realized while studying to become a US citizen that the US constitution provided freedoms for expressions of religious faith.

That freedom will now be entrenched in California labor code as of next month, but it was not in 2010 when??"having worked at the Storyteller hotel restaurant for over two years??"she finally approached her employers to seek their permission to wear her hijab in the workplace.

Following a two-month wait, Boudlal was finally given permission to wear a headscarf, but only one designed and approved by Disney. Eventually fitted with a scarf that encompassed the look and feel of Disneyland, Boudlal was not provided with a date as to when she could begin wearing the customized scarf. She was also told, according to the report, that she would not be allowed to wear her own hijab over the interim.

With the onset of Ramadan, and in the absence of further word from Disney, Boudlal went ahead and wore her hijab to her job. That's when the trouble started. At the time there was nothing in California labor law to protect her.

In her California labor lawsuit, Boudlal said that in August 2010, when she began wearing her hijab for work, she alleges to have been told by Disney to either remove the hijab, or work "backstage" where she would not be seen by patrons. On seven separate occasions Boudlal was allegedly sent home without pay for wearing her hijab to work.

Disney's eventual solution was to offer Boudlal a substitute headdress that Boudlal found unacceptable. In an interview with KTLA Los Angeles, Boudlal is reported to have said: "The hat makes a joke of me and my religion, and draws even more attention to me. It's unacceptable. They don't want me to look Muslim." Boudlal was soon suspended from her job at Disney.

Boudlal is reported to have filed a complaint with the US Equal Employment Opportunity Commission in 2010 and finally received a notice of her right to sue in August of this year. After getting the go-ahead from the feds, Boudlal filed her California labor lawsuit later that month.

The new California labor law allows more protections against such discrimination allegedly suffered by Boudlal. AB 1964 clarifies that religious dress and grooming practices are covered by existing and updated protections against religious discrimination.

According to the new California labor employment law that comes into effect next month, employers are required to reasonably accommodate employees observing the traditions of their respective religions, including dress.

That said, the new California employee labor law specifically notes that segregating an employee is not interpreted as a reasonable accommodation.

Area of Law Discrimination

Industry Travel & Tourism

Kristen

January 2, 2013

This only frustrates me even further. She is free to practice her religion away from the workplace. No one is keeping her from her religious views. The workplace is the workplace and nowhere in the Walt Disney World uniform is a hijab a part of the attire. My family and I frequent Walt Disney World often as we live in Florida. The attention to detail in Walt Disney World is putting it mildly. If this is allowed to proceed it will only lead to more chaos. Why did she not accept working backstage and wear her hijab? If this proceeds then it will lead to other ridiculous lawsuits. What if a position is granted to a person of Muslim faith and safety attire is required to perform the position, but the hijab interferes with such safety attire and jeopardizes the safety of the worker and other workers around that worker? Does the employer need to accommodate that worker as well? When she accepted the position or was being interviewed did she inform Disney that she needed to wear her religious attire? That is not disclosing information to Disney. I am sure Disney has standards that an employee has agreed to meet. Wearing her hijab violated those standards, so...... I am no Disney expert. but after patronizing over a dozen times and staying in their resorts I am quite familiar with the level of standards. There is no trash on the ground, every employee is polite and helpful, every room is spotless and these are amongst a long list of other standards I have obserevd. This is my experience. I guess I could say after being hired that I have a religion that requires I paint my face and Disney has to honor my religious beliefs, yet I am violating my uniform. It is the same. She should comply with her employers needs, work backstage, or resign from her position. Walt Disney World should not have to trandsend to her religious attire she needs to conform to Disney Worlds uniform standards or leave. I have a trip planned soon to Walt Disney World and I would hate to see that perfect world Disney has created violated by religious beliefs that is NOT WHAT DISNEY WORLD IS ABOUT!!!!!!! GET ANOTHER JOB!!!! I DON'T WANT TO LOOK AT IT OR FIND ANOTHER WAY TO HONOR YOUR RELIGION WHILE AT YOUR JOB. AND THEY WONDER WHY WE HAVE NO TOLERANCE!!!!! IT IS DISNEY WORLD THERE IS NO RELIGION IN DISNEY WORLD!

10 Comments

Michael
October 28, 2014

In fairness to Disney, they are a company based upon image...creating fantasy. The place where the woman worked was as a hostess in a restraunt basing itself after 19th century America. White shirt, short usher vest, the works. She had worked this position for a while and knew this was what the image was supposed to be. Hajibs weren't a part of everyday American life bavk then as they are now and she knew that. When she wanted to wear her habit, they offered her a variety of different positions which would allow her to wear her hajib while maintaining the illusion they were trying to craft. Of course this meant positions away from the front of the restraunt based on 19th century America. She took it as "embarrassed on her being Muslim" when it was a case of "keep the fantasy consistent for the guests." Call it racism or discrimination if you wish, but when I visit Disney, I no more expect to see a hajib in the 19th century cafe than I do at the Country Bears or the Tarzan exhibit. Out of place and ruins the illusion.
SDOT
October 8, 2013

This is a case of discrimination based on an individual's religious beliefs. Period. You can all come up with hypotheticals of wearing strange outfits to work, or painting your faces, but none of those "hypos" relate to your religious beliefs. With regard to the suggestion that someone should be allowed take Communion at work. If you wanted to take part in Communion, and it in no way hindered the performance of your job or offended your co-workers (made them uncomfortable), you should be able to do that as well. The Plaintiff was not forcing anyone to take part in her religion. Rather, she is wearing a garment that is an expression of her religion. Her own personal expression. None of the articles indicate tha the hijab hindered her in the performance of her job, or put her in harm's way. Thus, it should not have been a problem. Funny how Disney World/Land is supposed to celebrate all countries/cultures, but failed to accomodate one of their own employees.
Sarah
May 14, 2013

As another woman has the total right to wear a bikini, this lady has the right to simply cover her hair. When it comes to Islam, some "ignorant" people become just TOO anxious.
CASINO
January 10, 2013

The law is the law and your employment rights of any type, should not be step on for any reason. Lets not forget, we all like to go into the small small world at disneyland.
Kristen
January 2, 2013

This only frustrates me even further. She is free to practice her religion away from the workplace. No one is keeping her from her religious views. The workplace is the workplace and nowhere in the Walt Disney World uniform is a hijab a part of the attire. My family and I frequent Walt Disney World often as we live in Florida. The attention to detail in Walt Disney World is putting it mildly. If this is allowed to proceed it will only lead to more chaos. Why did she not accept working backstage and wear her hijab? If this proceeds then it will lead to other ridiculous lawsuits. What if a position is granted to a person of Muslim faith and safety attire is required to perform the position, but the hijab interferes with such safety attire and jeopardizes the safety of the worker and other workers around that worker? Does the employer need to accommodate that worker as well? When she accepted the position or was being interviewed did she inform Disney that she needed to wear her religious attire? That is not disclosing information to Disney. I am sure Disney has standards that an employee has agreed to meet. Wearing her hijab violated those standards, so...... I am no Disney expert. but after patronizing over a dozen times and staying in their resorts I am quite familiar with the level of standards. There is no trash on the ground, every employee is polite and helpful, every room is spotless and these are amongst a long list of other standards I have obserevd. This is my experience. I guess I could say after being hired that I have a religion that requires I paint my face and Disney has to honor my religious beliefs, yet I am violating my uniform. It is the same. She should comply with her employers needs, work backstage, or resign from her position. Walt Disney World should not have to trandsend to her religious attire she needs to conform to Disney Worlds uniform standards or leave. I have a trip planned soon to Walt Disney World and I would hate to see that perfect world Disney has created violated by religious beliefs that is NOT WHAT DISNEY WORLD IS ABOUT!!!!!!! GET ANOTHER JOB!!!! I DON'T WANT TO LOOK AT IT OR FIND ANOTHER WAY TO HONOR YOUR RELIGION WHILE AT YOUR JOB. AND THEY WONDER WHY WE HAVE NO TOLERANCE!!!!! IT IS DISNEY WORLD THERE IS NO RELIGION IN DISNEY WORLD!
Carol V.
December 31, 2012

well Christina, you are totally twisting that freedom, consider my religious freedoms can't even exist Muslim countries freedom of Religion is not to push your religion's traditional attire onto the workplace.. you are twisting the freedom to WORSHIP as you please completely. you want it both ways? Free to do as you wish with your religious standards, but yet demand a total separation of church and state? Followers of the Koran have the lifelong task of converting all to their faith. ALL. everyone. forever. or kill you trying, they are totally committed to NEVER STOP. as I recall our forefathers were not followers of the Koran. we've gone so far from 'the melting pot' to 'diversity' at all costs. and it is costing us dearly.
Carlos Caliente
December 31, 2012

This is not about freedom of religion, as a Catholic should I demand the right to have the priest serve communion at my job? Of course not, if I did I'd be laughed at just as this young lady should be laughed at, except it is not a laughing matter when you take someone to court to satisfy your immature selfish egotistical needs. This is about egotistical extortion, not about the Constitution at all. Where in the Constitution does it mention what is wearable and not wearable? This chick can still practice her religion at her mosque or temple or in the streets as they do in France, but not on the job. And neither can I or anyone else, religion has a place but not at the workplace.
Roy Engle
December 30, 2012

She was hired not wearing her hijab, she would not have been if she had. it is reasonable for employers to require a look from employees.
William Perron
December 30, 2012

This is so stupid, political correctness run amok. If an employee can not fulfill the job requirements they should be fired not rewarded. Lawyers put a heavy burden upon business's by bending laws to suit their selfish needs. Shame on the lawyers and judges involved with this travesty of common sense.
Christina
December 30, 2012

FREEDOM OF RELIGION IS WHAT I HAVE TO SAY ABOUT IT. WE DO STILL ABIDE BY THE CONSTITUTE OF OUR FOREFATHERS, DO WE NOT?