Monday, October 1, 2007
If the allegations in this case are true, it just goes to show how many employment discrimination cases could be avoided with a little less employer intransigence and little more compromise:
The Equal Employment Opportunity Commission says a Grasonville marina and bar located on the Chesapeake Bay violated federal law when it refused to offer an accommodation to an employee who had undergone breast cancer treatment and fired her when she requested to be excused from its dress code policy.
According to the EEOC's suit, Mears Marina Associated Limited Partnership, doing business as the Red Eye's Dock Bar, violated the Americans with Disabilities Act when it discriminated against Margaret Finley, who had undergone treatment for breast cancer.
Finley had requested to be excused from the bar's dress code policy which required that she wear a scanty "tankini" top. Her request to be excused from the "tankini" requirement resulted in her termination, the EEOC charges.
Again, at this point, only allegations, but if proven, this might go down as one of the most insensitive and employer acts in quite a while. And no, I don't think there is a good bfoq or undue burden argument here.