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A Legal Scenario ...................


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There is "Probationary", and there is "Provisional". Everyone who gets hired by FDNY EMS Command is in a 6 month "Probationary/Provisional" member. For cause, probation may be extended. At the end of the provisional period, employees are supposed to file for "civil service".

Due to some loophole in the way things are, there are a bunch of provisionals on the job for years. Technically, as provisionals, they can, as with the probationary, be fired without reason, even though after initial probation, the union (local 2507Uniformed EMTs Paramedics & Fire Inspectors, DC 37, AFSCME)) represents them.

I am told that members of the Sikk religion applied to the London, England, Metropolitan Police, and with special dispensation, are allowed their turbans, which are of the same color as the rest of the normal "Bobbie" uniform, with the Police cap device attached in the front.

If turban is not the proper name for the head covering, would someone with such knowledge please advise me of the correct term?

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What I'd like to know is where did he get his licensure? Is it even valid? Because I know of no schools that allow you to do clinicals/fields in full Muslim attire. Sorry, but that would raise huge red flags for me to look in to his education and registration and potentially report him to the Office of EMS for further review/validation. And, if he wore the unifom for school/clinicals/fields then there's a precedent of not following said religious beliefs by this person. All that aside from the already stated fact of him having presumably dressed in said manner at the interview and being made aware of policies pre-hire.

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As much as I think everyone should conform to the uniform of the job, I don't think you would have much legal standing. Assuming this dress does not violate any OSHA rules, you might be SOL. Even the Disney empire has not been able to fight this one, and if they can't, no one can. There was a case of a Muslim woman who sued Disney because they would not let her wear a jijab.

http://www.thefirstpost.co.uk/67645,news-comment,news-politics,disneyland-hostess-banned-from-wearing-hijab

Here is another case that I came across looking for the above story:

http://laist.com/2010/09/28/disneyland_hijab_compromise.php

All I can say is that if the Mouse Empire can't fight it, a small ambulance service doesn't stand a chance. I have nothing against anyone practicing their religion but when you get a job knowing that there is a uniform requirement, either follow the rules or get a new job.

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Good point, never heard the Disney case before, but I was thinking, "What if this employee was a Baptist when hired, and 3 years down the line converted to Islam ? Then what ?

The same uniform requirements would still apply. It could be presumed that if the employee was an asset to the company, then the company would try to make REASONABLE accomodations in order to retain the employee. If the employee refuses to work with the company in order to keep a job, then in an 'at will employment' situation; the company can dismiss the employee for insubordination (failure to conform to established company policies).

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Good point, never heard the Disney case before, but I was thinking, "What if this employee was a Baptist when hired, and 3 years down the line converted to Islam ? Then what ?

Send them back to Africa.

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What I'd like to know is where did he get his licensure? Is it even valid? Because I know of no schools that allow you to do clinicals/fields in full Muslim attire. Sorry, but that would raise huge red flags for me to look in to his education and registration and potentially report him to the Office of EMS for further review/validation. And, if he wore the uniform for school/clinicals/fields then there's a precedent of not following said religious beliefs by this person. All that aside from the already stated fact of him having presumably dressed in said manner at the interview and being made aware of policies pre-hire.

Are you referring to a full burka or just a jihab? There was a girl in my class who wore a jihab and attended all clinicals and is in EMT-P classes at this time. She's even licensed. Just wanted to make sure we're thinking of the same thing.

-MetalMedic

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