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Old 06-06-2008, 07:13 AM   #1 (permalink)
Wondermonkey
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Waitress laid off after shaving head for cancer - In Canadia no less

Waitress laid off after shaving head for cancer

Jun 05, 2008
THE CANADIAN PRESS

OWEN SOUND - When she took part in a local fundraiser for cancer research, all Stacey Fearnall thought she had to lose was a full head of hair.

Instead, the 36-year-old waitress at Nathaniels restaurant in Owen Sound, who raised more than $2,700 for the charity Cops for Cancer in exchange for her locks, was laid off when she showed up for work earlier this week with a shorn head.

“She had been a little nervous all day long, but I think she was still hoping in her heart that she’d walk in there and they’d be like, ’Oh, wow — you look great,”’ Fearnall’s husband John said in an interview today.

“But that’s not the reaction she got.”

The mother of two, who was told by her boss to go home after she refused to wear a wig, was in tears when she returned home Tuesday just a half hour into her shift.

“When she went in she felt like there was something wrong with her,” her husband said.

“Nobody would really look at her, make eye contact. They didn’t really say anything and it made her feel kind of less than human.”

It was a slow night so she came home early, but when she called to say she’d be in the next day, she was told not to bother, he added.

Nathaniels owner and chef Dan Hilliard defended his decision, saying the restaurant has certain standards. He prohibits male staff from wearing earrings and requires employees keep their hair at a reasonable length.

Fearnall is still on the payroll and she can return to work once she grows her hair back, he said, adding she was offered the summer off to spend time with her kids.

Fearnall, who also works in a plant nursery and as a caterer, told The Owen Sound Sun Times she was shocked by what happened.

“I honestly can’t believe this is happening,” she said. “It’s ridiculous that I would be punished for doing a good thing.”

The restaurant owners said they told Fearnall well in advance they wouldn’t be pleased if she participated in the fundraiser and suggested she could have found other ways to support the cause.

But Fearnall said she never got a clear answer when she asked if she’d still have a job if she went through with her plan.

Fearnall decided to take part in the popular fundraiser because cancer has struck close to home in recent years. Her father died of the disease five years ago and a cousin and close friend are currently battling the disease.

John Fearnall said it would be nice if his wife got an apology and noted she’s not likely to return to the job, even when her hair grows back.

“She was surprised by the treatment. (The owners are) nice people. They’re good people. It’s just surprising the way that they treated her and I think that was what hurt her so much.”

He said he called the Ontario Labour Relations Board and was told the family has little recourse but to consider filing a human rights complaint.

“I think the court of public opinion is going to be enough, perhaps at this point,” he said.

Hilliard admitted the story isn’t great PR for the restaurant, but as far as he’s concerned, it’s an internal staff problem.

Besides, he said he’s already heard from some customers who agree with him and say they would have been “appalled” to have been served at Fearnall’s table.

Still, not everybody agrees. The incident has left some fellow restaurateurs shaking their heads.

“I’m totally shocked. I’m actually totally shocked as well as all of my customers,” said Wanda Doubt, who owns the nearby restaurant Wanda’s and Mike’s.

“That’s absolutely ridiculous. Cops for Cancer, there couldn’t be a better charity.”

Jen Wright of the Bluewater Cancer Society said she’s never heard of anything like this.

“It apparently has not happened anywhere across Canada, according to the Canadian Cancer Society,” she said.

“We support her and thank her and all the participants for all the money that they have raised over the years.”

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Old 06-06-2008, 07:39 AM   #2 (permalink)
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Nathaniels owner and chef Dan Hilliard defended his decision, saying the restaurant has certain standards. He prohibits male staff from wearing earrings and requires employees keep their hair at a reasonable length...The restaurant owners said they told Fearnall well in advance they wouldn’t be pleased if she participated in the fundraiser and suggested she could have found other ways to support the cause.
Good for her in her efforts to support a charity. But, it does seem like she was warned. I didn't read anything about the type of restaurant it is, but if it's one of those stuffy, elitist type establishments, I could certainly understand their concern with having a bald woman serving the customers.
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Old 06-06-2008, 08:04 AM   #3 (permalink)
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I think that will depend on what the restaurant will define as a "reasonable length" since there's hardly anything more reasonable then "short." But, it will also depend on whether or not any male waiters would be allowed to be bald while serving customers since her firing of being bald would be based on a sexist expectation of what a woman should look like, which rarely wins you a case in court.

I'm not sure how the legal system in Canadia works, although I imagine it has something to do with throwing ducks at balloons and reading tea leaves, but if there were a male waiter with even a slight hint at male pattern baldness that wasn't fired or made to wear a wig, she'd likely be able to take them for a large chunk of money here in the states.
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Old 06-06-2008, 08:10 AM   #4 (permalink)
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Choosing to shave your head, and actually losing your hair due to baldness are two different things, though. (if I may state the obvious.) Now, if the lady actually had chemo treatment for cancer, then I could see the employer making a mistake by firing her. You're right though, if this happened in the states, there would be a lawsuit filed, she'd probably win, and her attorney's would get a good 30% (or more) of the monetary judgement. Truthfully, I think there's more to the story than just her shaving her head.
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Old 06-06-2008, 08:22 AM   #5 (permalink)
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Well, if there was a bald dude, regardless of if he lost his hair or if he was losing his hair and decided to shave it as a preemptive strike against baldness, he would have to offered to wear a wig or lose his job. It doesn't matter whether your hair is short by election or by genes, because their employment policies are enacted on their wait staff's appearance, not situation.

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Nathaniels owner and chef Dan Hilliard defended his decision, saying the restaurant has certain standards. He prohibits male staff from wearing earrings and requires employees keep their hair at a reasonable length.
But, in Canadia Employment Law may work differently. If they prohibited male staff from wearing earrings but allowed female staff the same adornments, those male waiters would be able to press charges probably too, since those policies would be based on sexist stereotypes. It all depends on what the tea leaves say.
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Old 06-06-2008, 08:29 AM   #6 (permalink)
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Yes, but don't you think that reasonable is a rather loose term? (I realize this may not be the official language in their employee handbook.)
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Old 06-06-2008, 09:24 AM   #7 (permalink)
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First of all, there are no "stuffy" restaurants in Owen Sound... for that matter, I don't think there are any "stuffy" restaurants in Canadia...

Secondly, I didn't realize that Canadians could be as silly as our immature southern naaaaybour.

Thirdly, Canadians will rebel, and she will be back to work in less than a week. Seeing as it has hit the press, people will stop eating there, until she is working again! There will be no questions asked, there will be no suing of anybody. That is how us Canadians roll!
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Old 06-06-2008, 09:31 AM   #8 (permalink)
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Thirdly, Canadians will rebel, and she will be back to work in less than a week. Seeing as it has hit the press, people will stop eating there, until she is working again! There will be no questions asked, there will be no suing of anybody. That is how us Canadians roll!


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Old 06-06-2008, 12:57 PM   #9 (permalink)
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Technicalities make me giggle. It'll be interesting to see how this pans out. Reasonable is a loose term, which makes it easy to make as a rule, but difficult to enforce.

I understand the idea of saying "If you do this, you'll be fired" and then getting fired for doing it. However, what the "this" is is important. If "this" is walking out during a shift, it's fine. If "this" is marrying a black man, it is not fine. Thus, there is no real merit to the notion of the employer saying "If you do this, you'll be fired" because it circles back to the action; in this case, shaving of hair.
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Old 06-06-2008, 01:42 PM   #10 (permalink)
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Old 06-06-2008, 01:43 PM   #11 (permalink)
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Well, if there was a bald dude, regardless of if he lost his hair or if he was losing his hair and decided to shave it as a preemptive strike against baldness, he would have to offered to wear a wig or lose his job. It doesn't matter whether your hair is short by election or by genes, because their employment policies are enacted on their wait staff's appearance, not situation.



But, in Canadia Employment Law may work differently. If they prohibited male staff from wearing earrings but allowed female staff the same adornments, those male waiters would be able to press charges probably too, since those policies would be based on sexist stereotypes. It all depends on what the tea leaves say.
That is the law here. Basically to take it to the extreme. If you require females to wear dresses, then a male could to under the letter of the law. You would think that a shaved head would be acceptable since there would be no chance of hair falling into food.

Also why would she have even been concerned at all...that is the strange thing, it is almost like they were building this for a suit...not that I agree with her getting fired. That manager better watch his speed...he will probably be on the local police radar since that was a police charity event.
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Old 06-06-2008, 02:04 PM   #12 (permalink)
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That manager better watch his speed...he will probably be on the local police radar since that was a police charity event.
That's what I was thinking too. And the cops with cancer? Man, they are going to **** him up.
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Old 06-06-2008, 03:41 PM   #13 (permalink)
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Originally Posted by Grenic View Post
First of all, there are no "stuffy" restaurants in Owen Sound... for that matter, I don't think there are any "stuffy" restaurants in Canadia...

Secondly, I didn't realize that Canadians could be as silly as our immature southern naaaaybour.

Thirdly, Canadians will rebel, and she will be back to work in less than a week. Seeing as it has hit the press, people will stop eating there, until she is working again! There will be no questions asked, there will be no suing of anybody. That is how us Canadians roll!
That sounds like some Canada shite, I dont know but i could have a Bald Natalie Portman serving me. As a matter of fact, Id be happier if a bald lady (NOT BALDING, thats just shedding) served me, No chances of hair in my food. The owner is a prick, hope the business fails.

Last edited by AlphaQ GehaD : 06-09-2008 at 03:47 PM.
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Old 06-06-2008, 04:05 PM   #14 (permalink)
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I don't believe this, but I actually agree 100% with Zoomy.

She had discussed this with her employee, and regardless on if her employee said, "Do it & yer fired, eh" or "I'd be unhappy if you did it, eh" is moot; only an idiot would not be able to see that it could potentially be a problem at her place of employment.

Next, it's a business that depends on face-to-face engagement, and patrons who may feel uncomfortable being served by a bald woman may mean loss of business; while you or I may not have an issue with it, that is a primary concern that really can't be overlooked in my book.

Bottom line for me is, the lady admitted to discussing it with her boss prior to doing it, admitted to being nervous returning afterward, and refused to try to remedy the situation the employer offered by wearing a wig. She dug her own hole with this one.
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Old 06-06-2008, 05:04 PM   #15 (permalink)