Put Away the 'Discrimination' Placards
Stacey Fearnall, a waitress at Nathaniel's Restaurant in Owen Sound, was laid off after she shaved her hair off in a local fundraiser for a cancer charity.
The 36-year-old raised almost $2,700 in pledges over four months and then had her thick, red locks shaved off in a local Cops for Cancer event on the weekend...When she showed up for work Tuesday at Nathaniel's restaurant in Owen Sound, an upscale eatery, her employers told her to take the summer off -- without pay. (Full article...)
In April, Fearnall approached owners Jeff Ferris and Dan Hilliard. They told Fearnall "they would not be pleased" if she shaved her head in the fundraiser. They encouraged her to participate in a way that would not affect her job at Nathaniel's.
At first, I thought this was a case of a woman who lost her job because of her cancer.
That would be discrimination.
That's not what happened here at all.
Rather, and despite being warned, Fearnall chose to participate in the fundraiser by shaving her head. Removing her hair violated Nathaniel's dress code standard for employees. They're allowed to outline acceptable standards. Tim Horton's doesn't allow visible piercings. Show up for a shift with a nose stud and you'll be sent home. McDonald's doesn't allow a visible tattoo; cover it or go home.
And she wasn't fired. She was laid off until she was able to comply with the company's expectations. Hilliard offered some accommodations to her, by suggesting she cover her head - a hat appropriate to the restaurant's ambiance would have been sufficient - and return to work.
If Fearnall lost her hair due to alopecia, chemotherapy or any unavoidable circumstances, and was fired my reaction would be completely different.
Sorry, but I can't turn the wheel of sympathy for her. She made her choice - the fundraiser over her job. She knew that consequences at work were likely. Ferris and Hilliard are just following through.
Poorly handled? For sure. Discrimination? No.
I commend her on the contribution to the fundraising...but the charity should have come up with a different name - Cops for Cancer? Are the police in Grey-Bruce really FOR cancer?
[Stacey Fearnall] [Nathaniel's Restaurant]
[Owen Sound] [Cops for Cancer]
[Ontario Human Rights Commission]
Photo by: James Masters (Owen Sound Sun Times)
12 comments:
Congrats, you're an idiot. The restaurant, no matter how fancy, should have been glad that their employees would make such sacrifices for a good cause. If I were an owner, I'd kick out any customer who would complain about being served by her. No, it's not discrimination, it's a case of an owner being a complete asshat.
You have missed the point.
By laying off Ms. Fearnall, the owners of the restaurant have discriminated on the basis of sex. Do the owners have a "must have hair" policy?
Would they fire a male employee if he were bald, either by losing his hair or shaving his head?? If a man has a close cropped hairstyle, or suffers from male pattern baldness would be refused employment due to being "folically challenged"?
If there can be bald, nearly bald, or crew cut male servers, then there can be a female with the same hairstyle.
Get out the Discrimination Placards again and make full use of them.
She was warned that they wouldn't appreciate it but they should have told her clearly it would mean (temporary) termination. I suspect she still got the hint though.
Personally, I don't find short hair disgusting. Many times I've found hair in my food at restaurants, probably not going to happen with her.
I don't think short hair on a woman is really in the same boat as tattoos and piercings and that sort of crap. And no one worth their salt would disrespect her for it as long as they knew what it was about. It's a bit humbling I would think, and especially for a woman, to have your hair all buzzed off.
Maybe the boss should have just suggested she wear a "Cops for Cancer" pin or something on her servers jacket or blouse/whatever. Or even "Nathaniels supports Cops for Cancer".
I wonder if the restaurant owners sponsored her at all...
It would be good for the media to follow this up in a year and see if the place is still in business. I bet even some of their "well off" clientele ($100-$199 per plate according to a restaurant review site) will even get or have had cancer.
Either way, while I support an employers right to enforce workplace appearance standards and would be opposed to any sort of government action being taken against him... I think this is a big big PR fail that is going to cost him.
Sorry, but I can't turn the wheel of sympathy for her. She made her choice - the fundraiser over her job. She knew that consequences at work were likely. Ferris and Hilliard are just following through.
I commend her on the contribution to the fundraising...but the charity should have come up with a different name - Cops for Cancer? Are the police in Grey-Bruce really FOR cancer?
When your day comes and you get cancer, or someone close to you does, maybe your song will be in a different key. After all, you've made your choice and written it down for the rest of us to see. Hopefully you have the integrity to live by your words. And even then, I'll shave my head with the hope that somehow by a million small tokens and a million small sacrifices just like mine might make the suffering a little less horrific.
By getting fired, she probably did more than a thousand of us could. And what did you do today?
You should probably try to do something to better yourself tomorrow.
NITN - Her employment was not terminated. The owners have the right to set standards and expectations for all their employees.
Anon #1 -
Please see this follow up article.
Fearnall has the support of the general population, but the staff at Nathaniel's stand with the owners on this issue.
The more informed group here is the staff.
Anon #2 -
Hilliard could have handled this better, for sure.
The difference between HERO and HORSE is only an ass, I mean S.
That's cold Isopraxis.
You judge me far too quickly.
Did you read any of my posts about breast cancer?
About the Run for the Cure? Play for a Cure hosted by my daughter's hockey league?
What did I do today?
Please check out my other blog.
In addition to continued work to access improved and relevant health treatment, I advised a seriously unwell young woman on an upcoming clinical trial for which she's a good candidate. I spoke with a hospital Chief about his site hosting the trial so it would be available to her. I worked on the Articles for the non-profit I'm trying to establish.
I worried like hell about my sister, who had surgery on Monday. I put together a unique package that will be at her home by the time she is discharged from hospital.
I did a favor for another sister. I mailed a card to my father.
I used water from my rain barrel to water my neighbor's plants. I gave someone 2 CFL's for her home, to initiate some energy savings for her. I recycled and repurposed.
I gave a rabbit the necessary head start to dash under the gate before letting the dog into the yard. I walked my dog in the rain. I gave Emily a ride home and gave to the Hospital for Sick Children.
I made ice cream and did all that was necessary to manage our household.
I spent 40 minutes on the phone with my husband - because we could.
I rest each night comfortable that I have done something during the day that has made a difference in someone's life.
I will make a difference tomorrow and the next day and the day after that.
Thanks for stopping by.
Wow. Seriously, since when does not having hair the equivalent of a uniform or dress code? Next are they going to fire a waitress for gaining 5 pounds and claim dress code? Or how about someone decides to part their hair in the middle instead of on the side? When owners of a business set "standards" such as these it's called discrimination.
define: descrimination: unfair treatment of a person or group on the basis of prejudice
define: prejudice: Prejudice is, as the name implies, the process of "pre-judging" a particular person, place or thing for the way it acts, looks (like hair!), or even who or what it is involved with.
Christine said...
Anon #1 -
Please see this follow up article.
Fearnall has the support of the general population, but the staff at Nathaniel's stand with the owners on this issue.
The more informed group here is the staff.
Christine,
The staff are supporting the owners because they see the writing on the wall...The owners stupid decision has affected the rest of the staff.
Unless the owners make amends for their short-sighted actions their restaurant will be empty and the staff will be out of jobs.
I will feel no sympathy for the owners if that happens, but I do hope that the other restaurants in the Owen Sound area will offer jobs to the staff who will have suffered because of the owners being morons.
I visited Owen Sound as a member of a college student exchange program about 20 years ago and found the people there to be warm and friendly. We were treated very well by the host families and the host college.
I'm sure the majority of the community will take care of Ms. Stacey. I trust they will also take care of those who will also suffer as a result of the owners being morons.
From the follow up piece -
"This is an employer-employee matter and such matters are not dealt with in public."
"Appearance disputes are rarely grounds for a workplace discrimination investigation, said Ontario Human Rights Commission spokeswoman Afroze Edwards."
I agree with your position - poorly handled, but not discrimination.
Newf in NW - Owen Sound's values haven't changed since your visit 20 years ago.
Protecting and recognizing the natural features throughout the region are still a priority.
The Tom Thompson Art Gallery pays tribute not just to the Group of Seven, but landscapes and contemporary interpretations of the genre.
Don't forget the boyhood home of Billy Bishop, Canada's most decorated airman.
The townspeople will take care of each other. After non-residents' outrage dissipates and the media moves on, they still live there.
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