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Clerk Fired for Piercings Not Protected by Body Mod Church, Court Holds

TUESDAY DECEMBER 14 2004 7:28 AM

The arguably defunct Church of Body Modification has been dealt another blow, this time by a federal appellate court in Massachusetts, which rejected a religious discrimination claim against a store with no-piercing dress code.

Kimberly Cloutier, a clerk at the West Springfield Costco store and self-professed member of the Church, was fired for refusing to remove an eyebrow ring pursuant to the retail chain's published employee dress regulations, which ban visible facial piercings. She subsequently brought legal action against the company, claiming that the store's unwillingness to completely exempt her from the policy amounted to unlawful religious discrimination, in violation of Title VII of the Civil Rights Act of 1964.

Avoiding the "thorny issue" of whether the Church is a bona fide religion and whether Cloutier's refusal to wear clear plastic retainers in her facial piercings or else cover them with band-aids was legitimately based on her religious or spiritual beliefs (questions over which the lower district court had expressed serious doubt), the U.S. Court of Appeals for the First Circuit held on December 1 that Costco's interest in the appearance of its front-line employees and Cloutier's unwillingness to compromise outweighed whatever protected religious interest she had under the Act:

[W]e are faced with the ... situation of an employee who will accept no accommodation short of an outright exemption from a neutral dress code. Granting such an exemption would be an undue hardship because it would adversely affect the employer's public image. Costco has made a determination that facial piercings, aside from earrings, detract from the "neat, clean and professional image" that it aims to cultivate. Such a business determination is within its discretion.


The court also held that a similar claim under Massachusetts law lacked merit.

The full opinion is available at Cloutier v. Costco Wholesale Corp., No. 04-1475 (1st Cir. Dec. 1, 2004).

 

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ephotojunkie

ephotojunkie

Moscow, ID
May 2004

DEC 14, 2004 07:37 AM

the only way I keep getting away with my (fairly minimal) modification is that the owner is a drunk and never bothers to check up on the closing shifts.

SexyBeast

SexyBeast

Metairie, LA
July 2004

DEC 14, 2004 07:48 AM

Good for her.

daemontia

daemontia

West Long Branch, NJ
March 2004

DEC 14, 2004 07:54 AM

in a way i wanna say cool... but a church for body mods? sounds kinda ridiculous to me. i mean i'm all for letting people have piercings, because unless you're whole body is pierced and tattooed up and messed up in all kinds of ways you can still look neat and people might not even notice such visible things as eyebrow and nose piercings... but seriously, to make it a religious issue? please

Idjit

Idjit

HOPEFUL

I'm lost

DEC 14, 2004 07:59 AM

This is why I'm a card-carrying member of the "Church of Having Your Wang Hang Out of Your Pants" - they've got a much better set of lobbyists.

VM

VM

Los Angeles, CA
October 2003

DEC 14, 2004 08:14 AM

I'm in the church of "hitting people I don't like for any reason." But they keep throwing me in jail anyway.

Relgious freedom my ass!! mad

witchhunter

witchhunter

Jackson, TN
February 2003

DEC 14, 2004 08:27 AM

VM said:
I'm in the church of "hitting people I don't like for any reason." But they keep throwing me in jail anyway.

Relgious freedom my ass!! mad



I hear you.

We at the church of "everything belongs to me" keep getting locked up too, just for moving thigs around!

Capt_Sparrow

Capt_Sparrow

Prescott, AZ
January 2004

DEC 14, 2004 08:32 AM

I wonde if she even read that dress code manual before she signed it. I know i had too. So this "church of body mods" is that a actully thing confused

Shawna

shawna

Marquette, MI
April 2004

DEC 14, 2004 08:55 AM

i've heard of the Church of Body Modification before...

but the issue here isn't her membership to the church, but rather that she was unwilling to compromise and wear a retainer.

hermetica

hermetica

Cook Islands
January 2004

DEC 14, 2004 10:16 AM

Ahh.. thank you Fakir..I feel the same way. There are so many religious organizations with so much more substance to them out there fighting for church status, that the idea of forming a 'Church' simply to get whiny about 'discrimination' (when it appears) is absurd. Talk about putting the cart before the horse.
This girl shouldve read the Employee guidelines before applying for a job. If my job required me to appear a certain way, well, its my responsibility to appear that way if I want to keep my job. Otherwise, get another job. Simple. whatever

dem_z

dem_z

United Kingdom
June 2004

DEC 14, 2004 10:37 AM

So, would they be allowed to discriminate against, say Rastafarians, because of the way they look?

hermetica

hermetica

Cook Islands
January 2004

DEC 14, 2004 10:58 AM

demetrius_z said:
So, would they be allowed to discriminate against, say Rastafarians, because of the way they look?



I expect there is a provision for recognized religions like Rastafari, Orthodox Judaism and Sikhs. Body piercings (at least in Western culture) are seen as a style or fad, not under the rules of a religious teaching, and even if the origins were spiritual in nature, it is not a religion persay.This is the fundamental difference. Besides, unlike if she was not allowed to wear dreads (the option being cut them off)nobody is telling her she has to take the piercing out completely- just put a retainer in. A simple compromise.

(And if theres anyone who wants to bitch at me assuming I dont understand the 'spirituality' of body mods, check out my profile and pics. Been there, done that, got the scars to prove it.)

StarBelliedBoy

StarBelliedBoy

Philadelphia, PA
December 2003

DEC 14, 2004 11:00 AM

demetrius_z said:
So, would they be allowed to discriminate against, say Rastafarians, because of the way they look?


Maybe people should become Rastafarians so they can come to work stoned and claim a religious rite.

PointBlank

PointBlank

New York, NY
November 2004

DEC 14, 2004 11:05 AM

demetrius_z said:
So, would they be allowed to discriminate against, say Rastafarians, because of the way they look?


No.

Some companies may ask you to put your dreads in a hat or cover them. Of course Rastafarianism is a real religion, not one made up to provoke lawsuits like this.

venomkid

venomkid

I'm lost
January 2003

DEC 14, 2004 11:17 AM

I'm gonna start a "Church of Anatomical Mascots" and try to wear a gigantic plush vagina costume to work.

FallFromGrace

FallFromGrace

Seattle, WA
March 2004

DEC 14, 2004 11:22 AM

I always got the idea that people were calling themselves a "Church" expressly to push this anti-discrimination junk.

Really, churches have doctrines. they have views on origins, on the meaning of life, on end times, etc. What other tenets of belief does this church hold?

I don't see how you can make having piercings constitute as a relgious expression.

bottom line is the courts will side with the big corporation on this one, every time. At the very least, piercings are intimidating to most people, and Businesses have a vested interest in not scaring away their customers.

There's many places that will allow you to have piercings. and Costco even said she could HAVE them, she just needed to put in a plastic retainer or cover it with a band aid, which is I think a fair compromise considering that's a pretty lax rule as far as most businesses go. most places won't even let you have piercings, retainer, band-aid or not.

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