Church of the Stud

Don D

I didn't know there was actually a 'Church Of Body Modification', but there is. In Kimberly Cloutier vs Costco, the plaintiff alleged religious discrimination in the MA Federal Courts when Costco required that she 'temporarily cover' her numerous eyebrow piercings while at work. The district court found that she had been reasonably accommodated, but the First Circuit Court of Appeals affirmed Costco's victory by ruling that Costco had no duty to acommodate Cloutier's practices AT ALL since to do so would place an undue hardship on the company's legitimate interest in protecting its pubic image.

Cloutier had argued that her 'religion' encourages members to be 'confident role models in learning, teaching and displaying body modification'.

Ms. Cloutier will now (perhaps) have the opportunity to be a 'confident role model' for some employer other than Costco, an article said.

Peyton Irby MS

Don: It is a challenge for employers to enforce workplace appearance stndards. Most of the earlier caselaw centered around wearing union insignia at work but it has evolved into these types of issues.
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

System

Yes, but the idea of calling those 'body statements' a religious right or practice has evolved as well. Thank God (no pun) there are specific guidelines for establishing what can be called a 'sincerely held' religion.

Brad Forrister

Several of our newsletters wrote about this case. Here's a representative article:

[url]http://search.mleesmith.com/cgi-bin/starfinder/0?path=empstoryfast.txt&id=empfast&pass=&format=wstory&search=42260[/url]

Brad Forrister
VP/Content
M. Lee Smith Publishers

Don D

My apologies to the astute Judy, who called it to my attention privately, and others who might have been offended, and to those who are still chuckling: I meant Public Image, not pubic image. dd.

System

Don't feel bad. We sent water bills out to every resident with a notice containing the same type-o.

Don D

Well, perhaps the citizens of your burg have mercy on you for the mistake. The participants on the Forum, are, on occasion, well known for having no mercy. I'm just glad the more notorious among us were asleep at the wheel. Ha!