Wiccan Sues Bath & Body Works Over Firing
She is suing for wrongful termination and religious intolerance
By LEANNE GENDREAU
Updated 2:56 PM EST, Mon, Nov 16, 2009
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.
First Published: Nov 16, 2009 11:57 AM EST
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