I live in Texas and work at a grocery store in the Bakery department.
I wear a pair of plain black Locked hoop earrings that require pliers to remove. I wear them specifically for cultural/religious reasons; wearing a simple pair of earrings is a tradition spanning Generations in my family. It is based in both our Hispanic culture, and in my familys Roman Catholic beliefs. We get our ears pierced the day of our Baptism. My Grandma has stated it's based on a part of the book of Ezekiel. Its a symbol of humility.
Now, heres the thing. I stretched my Baptism piercings, and my mother and Grandmother were so distraught that they brought me to get my ears pierced a second time, so I can continue to wear the “family earrings” (plain or simple rings/studs. We can have other piercings, but any others are purely secular.) Basically, I have worn these specific hoops for over a decade, my mom and Nana are adamant that I should keep them in. Ive had “family earrings” since Baptism, when I was an infant of maybe 4mo. Everyone in my family, of every generation unless married in, has their ears pierced at (or i think Before?) Baptism.
I was hired around 9 months ago and have worn these earrings every day. They were never a problem until now.
We had an audit a few months ago, and they docked us points bc of my earrings. I told them they are cultural/religious. We were still docked points.
Since then, I have had Multiple conversations with Multiple managers about them. Every single person that has talked to me about them, including Store Leads and Admin, had been informed that these specific hoops Cannot be removed without tools and are worn for Cultural and Religious reasons, and that I was more than willing to remove my guages, since those not symbolic. None of them cared. They still called it special treatment, and are now doubling down about it being a food safety issue.
I know Article VII protects peoples rights to wear their religious garments at work, federally. When I read this article to my Admin, I was told it “doesnt apply here, because of food safety.”
I have recorded the last two conversations theyve had with me, specifically of me being sent home too. In these recordings, I clearly ask for an accommodation or exemption based on Religion and was again told no.
They told me I can either transfer to a different department (which entails a whole new hiring process for a job that is Not guaranteed bc they claim they cant just transfer me internally) or remove my earrings. I cannot remove my earrings.
One Lead said they are going to set up a meeting with another department Lead to talk about me applying, but like I said thats not at all a Guaranteed job. If they dont hire me, I cant just go back to the bakery.
What other steps should I take if any? Does anyone have advice for what I can say or do next? Any laws specific to my situation and state that I just havent found yet?
Please dont tell me “theyre just earrings, take them out, dont be dramatic.” its an important tradition in my family, it is sincerely held custom and practice for us and many others of our culture, its a Very common practice for latino people. My family specifically just Also uses it as a religious symbol. It may or may not be this way for everyone, but it is for us.
I appreciate any help I can get.