Wiccan Sues Bath & Body Works Over Firing

[Lillylu29]

All Gina Uberti wanted to do was take Halloween week off in October 2008 and head up to Salem, Massachusetts with other Wiccans for a festival.

That’s apparently what Wiccans, especially those who live near Witch City, do during this major Wiccan religious event.

The Bath & Body Works district manager put in for her vacation time, as she had for the previous six years she worked for the company. Her time was approved, she said, she was all set. At least she thought she was, according to a lawsuit Uberti filed against Bath & Body Works last month.

The problem for Uberti’s vacation plans, and her employment, began with a management shuffle and a new boss, she claims.

On Nov. 4, Uberti had a phone call with her boss who was not happy about Uberti choosing the week and the fact that her employees would not be able to reach the Wiccan on pilgrimage. There was a major redesign going on.

Uberti argued that the time was approved, and it was a religious observance – that Oct. 31 marks the beginning of the year for Wiccans, the suit claims.

Then, there was the threat of firing, Uberti claims her boss told her: “Well, you will need a new career in your new year. … I will be damned if I have a devil-worshipper on my team.”

On Nov. 20, Uberti was fired.

She is suing for discrimination on the basis of religion and religious beliefs, wrongful termination and negligent infliction of emotional distress and intentional infliction of emotional distress.

She’s looking for back pay, front pay, bonuses, a clean personnel file and other compensation.

In the weeks since the suit was filed, there has also been a call to boycott the company, mostly from people who practice Wicca, it seems.

Jarad M. Lucan, an employment lawyer with Durant, Nichols, Houston, Hodgson, & Cortese-Costa in Bridgeport, is not involved with the case but told the Connecticut Law Tribune that this it should send a message to employers that, if a worker sincerely believes it to be their religion, employers must reasonably accommodate them under the federal Civil Rights Act of 1964.

Limited Brands, which owns Bath & Body Works, submitted a statement about the pending suit and denying allegations of discrimination.

I can assure you that once we became aware of the allegations, we immediately conducted a thorough investigation which showed that our internal policies and the law were being followed and that no one had been discriminated against. We are confident that the court will agree with our investigation findings. Bath & Body Works is an equal opportunity employer, and we do not discriminate against race, color, religion, gender, gender identity, national origin, citizenship, age, disability, sexual orientation or marital status.

Uberti's lawyer says she has since found other employment

[Msterbeau]

It'll probably be her word against the bosses unless she has evidence on paper. What a crock.

[Slogo]

That's some bs

[Joey Deadcat]

"Devil-worshipper"... I'm an atheist but that word still makes me cringe. Wiccans aren't "devil-worshippers" and, for that matter, neither are actual Satanists. And why is an employee's religion or beliefs important to this new boss?

[Lillylu29]

I have found over the years people you work with do pass harsh judgment like this. When I told them I needed halloween off at work for religious purposes they laughed at me. I got it off but it was still the point they laughed at me.

[KatRN05]

People can be such ignorant assholes.

[drcarstairs]

If the vacation was approved I do not see how they could fire her. I take Halloween off every year, never had a problem.

We will see what comes of this – I suspect her former employer will have a different reason they will give for terminating her; but they will have to substantiate their claim. You cannot just say someone was tardy or rude – they will need to have documentation to prove there was a problem and they tried to address it.

Too bad she didn’t have a pocket recorder so she could capture the ‘devil worshipper’ crap for posterity. That would be sweet AND it would probably get her a nice settlement.

Be Well.

[Homicidalheathen]

Holy shit! My kid just got hired there I told her not to ask for Halloween off for at least a year. Her b/f said a few months...you got to put in time and labor like a slave before you can demand what week you want off. This lady should have gotten it! She worked there plenty long enough.

So far the only pagan friendly places I have heard of are Walgreens and Petco. There you can even wear a pentagram.

Thanks for this I will show it to her...most younger persons think they can afford to stick their neck out for the cause...DON'T.

I got fired once for being a witch. It is not worth it.

[Tyger]

Thats just rude. People need to be more open about others, or no one will ever get along in this world.

If she was already approved to have the week of than she should not be fired for it. I donno about in the states, but in Canada that wouldn't be allowed. She would be allowed to take the week off and no one would be allowed to discriminate.

[Lillylu29]

Holy shit! My kid just got hired there I told her not to ask for Halloween off for at least a year. Her b/f said a few months...you got to put in time and labor like a slave before you can demand what week you want off. This lady should have gotten it! She worked there plenty long enough.

So far the only pagan friendly places I have heard of are Walgreens and Petco. There you can even wear a pentagram.

Thanks for this I will show it to her...most younger persons think they can afford to stick their neck out for the cause...DON'T.

I got fired once for being a witch. It is not worth it.

I really don't see how sticking up for what you believe in is not worth it? IMO that just teaches her to hide what is inportant to her. I get asked alot of questions at work about it at times. I simply tell them I don't discuss religion at work sorry. But by all means it don't matter how hard she works for them or how much she bust's her ass... the company is gonna do what their gonna do.... If she needs that day off then tell her to request it off by company policy a few months in advance and she should have no problem getting it off. Witches should not have to hide what we are. Its a belief just like the rest. Be Proud!

[TygerLili]

My off the cuff thoughts:

1) Her boss, if she really did make those remarks, is very ignorant, not only of Wicca, but of employment laws. So ignorant that I have to wonder if the boss really said those things. Sorry, it's in my nature to play devil's advocate and try to look at both sides of something. I think it's possible the boss said that, but I also think it's possible that the employee exaggerated or made up the last part. Kind of like playing the race card.

2) If the employee had already asked for that vacation time and it was approved, then it shouldn't have been an issue, regardless of why she was asking for it. If it was a problem, then the company shouldn't have approved it in the first place. I also have to point out, though, that vacation time and religious observance are not the same thing. In my opinion, a week is an excessive amount of time to take off strictly for religious observance.

*edited to take out a superfluous comma*

Edited November 19, 2009 by TygerLili

[Raev]

I have serious doubts as to if the management actually made the comment of "I'll be damned if I'll have a devil worshiper on my team"

Management of that chain knows darn well what can and can't be said and know fully well that any form of religious comment can cost them THEIR job. I know this from first hand knowledge of that company....I haz a copy of their handbook.

I tend to think the employee got in trouble for something else and was fired for it and is now playing the "religion" card to try and get back at the former employer.

[TheOsakaKoneko]

My off the cuff thoughts:

1) Her boss, if she really did make those remarks, is very ignorant, not only of Wicca, but of employment laws. So ignorant that I have to wonder if the boss really said those things. Sorry, it's in my nature to play devil's advocate and try to look at both sides of something. I think it's possible the boss said that, but I also think it's possible that the employee exaggerated or made up the last part. Kind of like playing the race card.

2) If the employee had already asked for that vacation time and it was approved, then it shouldn't have been an issue, regardless of why she was asking for it. If it was a problem, then the company shouldn't have approved it in the first place. I also have to point out, though, that vacation time and religious observance are not the same thing. In my opinion, a week is an excessive amount of time to take off strictly for religious observance.

*edited to take out a superfluous comma*

I have serious doubts as to if the management actually made the comment of "I'll be damned if I'll have a devil worshiper on my team"

Management of that chain knows darn well what can and can't be said and know fully well that any form of religious comment can cost them THEIR job. I know this from first hand knowledge of that company....I haz a copy of their handbook.

I tend to think the employee got in trouble for something else and was fired for it and is now playing the "religion" card to try and get back at the former employer.

Sorry, but I think I have to agree with these guys. Unless that manager is really stupid (literally stupid, not intolerant), he knows better than to say that. I doubt it was ever said.

A week is a long time to take off for a manager during a major business change. Even if the vacation is pre-approved, there's usually language in the employee handbooks stating that even post-approval vacation time can be revoked if deemed necessary under the circumstances. It could have nothing to do with anything religious.

Yes, you have to give people of other religions allowances to celebrate as appropriate for their religion, but that doesn't necessarily mean taking a week off during a busy time. It's not like taking a whole week off to go to Salem is an integral part of Wicca. The article reads "Thats apparently what Wiccans, especially those who live near Witch City, do during this major Wiccan religious event." Um...okay? I've never heard that that's "what Wiccans do". None of my friends who are/were Wiccan ever did that.

I'm sure it's a kickass festival, but not being able to go != being persecuted for your religious beliefs.

The only thing here that would have any bearing would be the devil-worshipper comment, and that's just a claim with nothing to back it up, so unless someone else heard it too or she has some evidence, this case does not even have enough to go to court.

Not sure why I bothered to comment because I think TygerLili said everything I wanted to much better than I did, but nonetheless.

Edited November 19, 2009 by TheOsakaKoneko

[n0Mad]

So far the only pagan friendly places I have heard of are Walgreens and Petco. There you can even wear a pentagram.

As much as I hate my job, Walgreens really is a great company to work for. They are very accommodating for religious beliefs, sexual orientation, transgender, etc. Holidays are another matter. I could ask for Easter and Christmas off for religious reasons but I won't get it. And there's nothing illegal about that either. So denying Halloween to Wiccans, nothing illegal about that either unfortunately. But, approving vacation and then reneging on it? Sounds like she might have a case for promissory estopal as long as she has the original approval in writing.

[AstralCrux]

I'm glad my work likes me being Pagan. I get my holidays off and I work the ones my co-workers want off. So, it's just win-win. I took the whole Samhain weekend off.

[Lillylu29]

I dont put things past anyone to say anything. You dont have to be really stupid to make a remark such as this. Im not saying she did say it or didnt say it... Mgmt or not people slip. I have had things like this said to me. Mgmt and non when they find out im pagan/wiccan. People make comments like that cause they are misinformed. Luckly im pretty cool about it.

[Oh_My_Goth]

Allot of people are ignorant ass-hats.. & I believe the manager said that shit. I have had run ins with people that believe just what he said.

I do not claim a religion.. I pull my ways from many paths.. Nobody can says shit about my beliefs, except maybe that I'm a wacko