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Resignation due to discrimination

Discussion in 'Termination: Firing & Resignation' started by aman27, Sep 20, 2021.

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  1. aman27

    aman27 Law Topic Starter New Member

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    I would like to understand if i have a case worthy of pursuit against my last employer.

    As a part of my faith Sikhism, i do not cut my hair never have in my life and normally just wear a hat home and even outside for all purposes so im wearing it for religious purposes and not as a fashion statement.

    After a recent call, i was informed by one of the partners to wear a dress shirt and loss my ball cap. Even though lots of clients wear t shirts as well but i dont care about the shirt as much as i do about losing the hat. This made me feel very uncomfortable and i insulted, I resigned as a result. Like i said im always in a hat or turban if need be, but i knew it would be unrealistic for me to promise i will never have a hat during working hours again while i am working from home.

    My partner at the firm is well aware of my religious practices. Should u purse legal action against my firm?
     
  2. cbg

    cbg Super Moderator

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    At what time did you go to upper management or HR and formally request a religious accommodation of being allowed to continue wearing your hat? Not just, they were aware of your religion, but a formal request?
     
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  3. zddoodah

    zddoodah Well-Known Member

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    Your post doesn't indicate any basis for a claim because you voluntarily resigned. Depending on the laws of your unidentified state, you could, in theory, claim that your resignation was a "constructive discharge," but constructive discharge requires at least some effort to resolve the issue before resigning. Unless there's a lot more to this story than you conveyed in your post, you have nothing to pursue, but feel free to consult with a local employment law attorney.
     
  4. justblue

    justblue Well-Known Member

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    What State?
     
  5. aman27

    aman27 Law Topic Starter New Member

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    NY
     
  6. adjusterjack

    adjusterjack Super Moderator

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    You didn't answer CBG's question so I'll repeat it:

    And what do you mean by "partner"?

    Were you an owner of the business?
     
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  7. aman27

    aman27 Law Topic Starter New Member

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    I told my managing partner at my exit interview that i was resigning due to this issue and he did confirm he understood that covering my head was a requirement of my religious beliefs I did not escalate to HR

    Partner = Managing Partner of the LLP Accounting firm i worked for.
     
  8. army judge

    army judge Super Moderator

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    Irrespective of any remedies that might have existed for you, you may have extinguished them when you resigned voluntarily.

    You might wish to make appointments with a few employment law attorneys near you.

    Most attorneys will normally meet with potential clients initially without charge or obligation.

    The free consultation lasts anywhere from 30-60 minutes.

    It is a good way to receive accurate information and an evaluation of your legal position.
     
  9. cbg

    cbg Super Moderator

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    Then I'd say you shot yourself in the foot and your chances of a successful lawsuit are slim at best. Had you escalated the matter to HR and failed with them, you might have had a better chance. But you didn't even try to resolve the matter internally - that's generally a deal-breaker when it comes to succeeding in a lawsuit.
     
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  10. Red Kayak

    Red Kayak Well-Known Member

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    So... you did not "escalate to HR", but you also did not give your employer a chance to come to an enlightened solution that would accommodate your religious needs. This means you have no case.

    Frankly, from your original post, it seems that an issue is your professionalism, not your religion. You're at an accounting firm wearing a t-shirt and baseball cap. You were asked by a partner to wear a button down shirt and "lose the baseball cap". So, why not clean up your act and dress like a professional? Wear turbans or hats that would look good with a suit.
     
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  11. zddoodah

    zddoodah Well-Known Member

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    So...here's what I understand to be the relevant facts:
    • You were "i was informed by one of the partners to wear a dress shirt and loss [your] ball cap."
    • You were NOT told to cut your hair or anything else that would be contrary to your religious beliefs (I'm not a Sikh, but I know that wearing baseball caps is not a tenet of the faith).
    • You did nothing to try and work out the issue.
    • Instead of trying to work something out or wearing another head covering other than a baseball cap, you simply quit.
    Is that right? Did you really think that these facts might give rise to some sort of legal claim?

    That's interesting because I've known several Sikhs over the last 30 years and have never once seen any of them in a baseball cap.
     
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  12. adjusterjack

    adjusterjack Super Moderator

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    Yes, Aman, what's so terrible about going to work looking like a well dressed, well groomed, professional employee?

    Sikh2-743x1024.jpg (743×1024) (hamodia.com)
     
  13. aman27

    aman27 Law Topic Starter New Member

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    This is a remote role that doesn’t involve going to the office. As i had mentioned many of my clients are also wearing t shirts and dressed casually.
     
  14. adjusterjack

    adjusterjack Super Moderator

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    Come to think of it, every employee has the inalienable right to quit his job if he doesn't like what his employer tells him to do.

    Good luck to you.
     

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