You know what? I don't have a problem with this.
Doesn't surprize me ... :p
It is their company and they had a policy she agreed to by agreeing to work for them.
She signed nothing. And even if she did, that signature wouldn't constitute as a waiver of her Constitutional or Civil rights.
Now if the company policies were not gone over with her and she didn't sign that she read the company hand book then she can say I was not aware of any such policy. As far as I am concerned, she should not have been eating bacon or ham at work.
The problem is their anti-pork policy wasn't in writing at all, which the EEOC requires last time I checked. A secular, for-profit business -- be it on public or private property -- can't just make up discriminatory verbal policies like that whenever they feel like it. Inalienable rights are just that -- inalienable.
It reminds me when the local mall here: When they went smoke free (except in designated areas of the food court), they neglected to replace the trashcans throughout the mall that had lids that dualed as ashtrays. When mall security guards would enforce the ban on smoking, they used multiple standards based on age, appearance, and sometimes race. If a conservatively dressed, middle-aged man or woman was caught smoking, the security guards would approach them in a pleasant manner. However, if you were between 18-25 and looked like a pothead, a Goth, or a hip-hopper, the security guards would act all big and bad tossing their authority around threatening to ban these kids from the mall and etc.
My buddy John and I watched them once come down on a half-dozen kids in that age group. One of the kids broke off and disappeared into the non-smoking section and talked with some older guy. To the guards utter surprize, he was a parent of one of the kids being accosted. When approaching, he overheard one of the guards threaten his son and he bellowed, "You have to kick my ass first, you fatass rent-a-cop!" The guards turned and one of them said, "Back off, sir! This doesn't concern you ... "
"The hell it doesn't concern me -- I'm his father! Don't you ever talk that way to my son or any of these kids in this mall in that manner again or your ass and your job will belong to me!" The mall manager heard the ruckus from his office and ran out there to play damage control. By the time, the father was beyond pissed since the guards wanted he and this group of kids to leave the mall due to the disruption -- a disruption the guards caused in the first place. He was roaring at 'em all and refusing to leave. By this time, the actual cops were there trying to calm the father down (or hold him back whenever he made a lunge). My buddy John and I listened to 'em go back and forth for a while. Eventually, the father calmed down enough and left with the kids.
A few hours later, John and I were on our way out. John was smoking. The Mall manager spotted it as he passed and said, "Lose that cigarette or get out!!" John responded, "Tell you what -- why don't you learn some tact and have some tolerance! This no smoking ban's only a week or so old!"
"I don't F'n care!! You mallrats are meaningless to me. Put it out or be banned for life."
"Kiss my ass," John said and lit another cigarette. I could tell by the look in his eye he was hatching something.
"I'll be back thru here in 2 minutes. If you're still smoking, I'm gonna ban your ass for life right after I kick it. Got it? I'll kick you sorry mallrat ass right there in front of the giant gumball machine. Mark my words ..."
"You think so, eh?" John said.
"2 minutes ..." the mall manager said walking away.
John never moved a muscle -- he sat on a bench there next to that ash/trashcan looking over everthing he purchased and smoking a cigarette. He was starting to get an audience, too! As the manager passed by John again true to his promise, he poked a finger on John's chest and said, "You're outta here now, punk!" and got on his radio. Moments later, a few lingering policemen emerged from the office, met the manager in the hall, then approached John together.
"Would you fine officers please ARREST this man here? I told him to stop smoking in the mall and leave the premises. He refused, started giving me a hard time. Since this is private property, we'll be pressing criminal charges against him for trespassing."
John stood up, looked the officers in the eyes and said, "According to <paragraphs x and y> of <section z> of the Michigan State Public Smoking Act of <year>, a smoke-free business be it on public or private property must not display ashtrays in public and also states that if such ashtrays are displayed, the business is in non-compliance and can be fined $500 for each ashtray on the premises. That section also states that until these public ashcans are removed, the public has the right to declare it -- and a 10 foot radius -- as a designated smoking area and any smokers within that 10 foot radius are well within their rights outlined in the Act. In other words, this ashcan is no different than the designated smoking areas in the food court. The same rights apply."
"That's a crock! This is private property! We can do what we want!" the manager scoffed.
"Private property open to the public for business," John corrected. "Such entities can do what they want as along as it doesn't break any local, state, and federal laws, rules, or regulations ... which these public ashtrays have been doing for the past week or two."
"I thought this was repealed after the whole Teamster's mess up in Rouge?" one policeman asked.
"Not yet ... but the environmental nitwits are trying though. Teamsters like I, smoker's rights activists, and the tobacco industry are fighting them over it. In the meaning time, people out in the public have enough right to breath clean air as I have to pollute it with my Marlboros. Until the owners of this mall replace these ashcans, those rights extend inside this private business regardless."
"Sorry sir," the cop said to mall manager. "This lad is correct. We can't do anything."
"Yes you can, officers," John responded.
"What's that?"
"Would you please arrest the mall manager here for assault and battery."
"C''mon, that was only ......." the manager bawled and quickly shut up.
"See," John said, "He's already admitted to it. Before he radioed you guys, he poked a finger in my chest as he passed me to meet you. Before that, he threatened to kick my ass by this gumball machine."
"Anyone else see or hear it?, the cops asked.
"My friend here," John pointed to me, "and my audience here," jerking a thumb behind him. "I'm willing to drop the charges provided he appologizes--"
"I'm sorry," the manager interupted, "Good enough?"
"--via a letter to the editor of the newspaper," John continued, "and then leaves me the hell alone from here on out when I come here."
The mall manager was transfered after his apology was published. :D