Texas woman says she was fired by Whataburger for wearing a Black Lives Matter mask
A Texas woman says she was fired by a Whataburger in Fort Worth for wearing a Black Lives Matter face mask to work, in what is the latest in a string of penalties handed down by employers for public displays of support for the social justice movement.
Similar cases are popping up across the state and all over the country. Over the summer, two Texas teachers faced disciplinary action from their schools, one for wearing a mask and the other for displaying a Black Lives Matter sign, among other signs, in her virtual classroom.
Meanwhile in Ohio, a Taco Bell worker was fired for refusing to take off his Black Lives Matter mask; the same happened to a convenience store worker in New Jersey. And Whole Foods is being sued by 15 employees across six stores, who are accusing the Amazon-owned grocery store of firing one employee and disciplining 40 others for wearing the masks and pins at work.
“What we’re seeing with a lot of employees, particularly during this time, is the desire to have their place of employment reflect their values,” said Andre Segura, legal director of the American Civil Liberties Union of Texas.
The incidents come as people across the country continue to protest police brutality against Black people in the wake of the deaths of George Floyd and Breonna Taylor, who were both killed by police officers.
Ma’kiya Congious, 19, lost her job at the fast-food chain shortly after her supervisor told her to remove her Black Lives Matter mask when a white customer complained, her attorney Jason Smith said. Smith said Congious had worn the same mask to work in front of several of her managers without consequence.
A Whataburger representative said in a statement that Congious voluntarily resigned “due to a disagreement over our company uniform policy.” The representative said her resignation was accepted and Congious was paid for the two weeks she was scheduled to work.
Whataburger’s uniform policy, which extends to face masks, does not allow “non-Whataburger messaging,” like that related to politics, religion or sports.
“If we allow any non-Whataburger slogans as part of our uniforms, we have to allow all slogans,” a Whataburger representative said in a statement.
But Congious says she didn’t resign.
“Whataburger wants you to wear a mask that has no opinions whatsoever on them, all right? I mean, you’re entitled to your personal opinions, and that’s fine. But at Whataburger we don’t want to portray them because … some people may be offended,” a supervisor said in a conversation taped by Congious and provided to The Texas Tribune.
“Whataburger doesn’t want to get into anything political because we’re just hamburgers and fries,” the person on the recording continued.
Amid the heated discussion, Congious asked about putting in her two weeks’ notice and was told that she no longer worked there. Congious later said she hadn’t yet decided whether to quit but was effectively forced out of the job. When she remained in the store, her supervisors called the police, and five police cars showed up. Congious was not arrested, and no charges were filed against her.
Congious filed a discrimination complaint last month with the Texas Workforce Commission. In the complaint, Congious said she was let go by the fast-food restaurant because of her race and for having the words “Black Lives Matter” on her mask.
In the complaint, Congious pointed out that colleagues also wore face masks other than the ones provided by the company. One featured the Mexican flag, another the Gucci logo.
https://www.texastribune.org/2020/09/26/texas-whataburger-black-lives-matter/