SAN ANTONIO – A San Antonio teenager is fighting back after she said her boss wouldn't let her wear a Hijab, or head scarf, at work. Her attorney believes the employer broke several laws during a chain of events that eventually led to the girl's suspension.
Devyn Shiplett, 17, is not Muslim, but on Feb. 1, World Hijab Day, she wore the head scarf to support religious acceptance.
"Wearing a Hijab is a choice to express your religious beliefs. Honestly I see it no different than wearing a rosary, or on Ash Wednesday how people walk around with ashes on their forehead," she said.
That day, she wore the Hijab to work at the Yogurt Zone on Loop 1604. She said the restaurant owner, Rod Reed, told her to take it off because it wasn't part of the dress code.
"He also called the Hijab a witch's hat and he said it was a costume. He said it's something that you wear on Halloween as a joke," Devyn said.
Before removing the Hijab, Devyn took two pictures: one with her wearing it, and one without. She then posted them on Twitter saying: "I chose to don a Hijab to show solidarity. Sadly, my boss made me remove it at work."
Devyn said several coworkers follow that Twitter page, and in the next few days, Reed confronted her about the post.
"His words were, 'If I'm able to get a screen shot on this post then we can consider that your termination,'" she said.
Once he found the post, Devyn said he called her mother demanding it be removed. By then, Devyn's mother had hired attorney Michael Latimer.
"Mr. Reed kept on referring that corporate Yogurt Zone was going to go after Devyn," Latimer said.
A day later, Devyn was suspended from her job. Latimer sent a demand letter to Reed, telling him he violated the National Labor Relations Act, which he said legally allows Devyn to post about her job on social media without repercussions.
"These actions of posting to other employees is clearly protected," Latimer said.
He also believes Reed violated the Civil Rights Act of 1964, which defends Devyn's right to associate with Muslims.
Reed was served the demand letter last Friday and Latimer is waiting for a response.
Latimer said he and Devyn are deciding whether to file a complaint with the National Labor Relations Board or bring a private right of action.
Rod Reed returned KSAT's phone call, requesting a response. He said he'd hired an attorney, and that attorney suggested he does not comment on the situation at this time.