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'Devil Worshipper’ Retort May Burn Employer

Wiccan woman’s suit claims she was fired for religious reasons

By CHRISTIAN NOLAN

Like many people, Gina Uberti wanted to take time off from work for a religious holiday.

Unlike most Connecticut workers, her religion is Wicca, the largest of the neo-pagan, earth-based faiths. Wiccans worship multiple deities, use magic in their rituals, adhere to a basic code of morality, and hold four major seasonally based festivals.

Uberti attended one of those festivals last October. A dispute with a supervisor over that vacation has led to an unusual federal lawsuit.

Jarad M. Lucan, who practices employment law at Durant, Nichols, Houston, Hodgson, & Cortese-Costa in Bridgeport, is not involved with the case. But he said it should send a message to employers that, no matter how common or obscure the religion, if a worker sincerely believes it to be their religion, then employers must reasonably accommodate them under the federal Civil Rights Act of 1964.

“You have to try to accommodate a sincerely held religious belief,” said Lucan, whose firm often represents employers in such workplace disputes.

Uberti, reached at her home in East Haven, declined to comment. Her lawyer, James V. Sabatini, of Newington’s Sabatini and Associates, did not return repeated calls. Uberti’s former employer, Bath & Body Works, has also declined to comment. Still, there are plenty of details in court filings to offer insight into what happened.

Sales Manager

For eight years, Uberti was, by her claims, an exemplary employee for Bath & Body Works, a retailer whose stores peddle fragrances, soaps and gels. Her employers thought enough of her to make her manager of the company’s Milford store and then promoted her again to district sales manager. Uberti’s lawsuit states that she has received positive work evaluations and bonuses.

Outside of work, Uberti practices Wicca. “Samhain” is a Wiccan holiday that takes place on Halloween at sundown. It’s the Wiccan New Year and believers travel from all over the world to Salem, Mass., site of the 1692 Salem witch trials.

Uberti annually takes a week off from work around Oct. 31. She says she gives her bosses as much as one year’s notice and has never had a problem until a new regional manager arrived last year, Sandra Scibelli.

After Uberti returned from Salem in 2008, the two reportedly had a confrontation.

Scibelli told Uberti she was disappointed Uberti took that week off as the company was rolling out a new “Signature Restage” campaign, giving many of their products a new look to increase business. Uberti, according to court documents, replied that she had received permission from the prior regional manager. She claims that she tried to explain the significance of the Wiccan New Year.

“That is the most ridiculous thing I have ever heard,” Scibelli allegedly responded. After Uberti asked what was so ridiculous, Scibella allegedly replied, “Well, you will need a new career in your new year.”

Uberti asked what she meant by that, to which Scibella allegedly responded, “I will be damned if I have a devil-worshipper on my team.”

Several weeks later, Uberti was formally terminated for reasons not pertaining to her religious beliefs. Court documents did not reveal what those reasons were.

'Wizard Of Oz’

Last month, Uberti filed a lawsuit in a Connecticut district court, alleging religious discrimination and wrongful termination. She claims she was treated differently from non-Wiccan employees and that the firing was in retaliation for the religious accommodation she received.

The lawsuit claims, among other things, lost wages, benefits, and bonus earnings. The suit further alleges “severe humiliation, embarrassment, emotional distress, and harm to professional reputation.”

Uberti is hardly the first Wiccan to have a workplace issue. For example, a male Wiccan in Atlanta recently filed a suit against his former employer, Google, after his boss allegedly made disparaging remarks about the religion and sang the “Wizard of Oz” song, “Ding, Dong, The Witch Is Dead.” In Oregon, a Starbucks employee has filed a suit against a store manager who asked the employee not to wear a Wiccan cross even though other employees were allowed to wear Christian crucifixes.

In Connecticut, Lucan, the employment lawyer, spoke of possible defenses. He said Bath & Body Works would likely first contest that Uberti doesn’t “sincerely” believe Wicca to be her religion. And secondly, the company would likely claim the firing was for reasons other than Uberti’s religious involvement.

“In the [cases] I’ve seen, the courts stayed away from whether or not [Wicca] is a religion but whether there’s a legitimate business reason for what the employer did or whether they could or couldn’t have reasonably accommodated the person,” Lucan said.

Lucan noted that while employers must try to accommodate their employees’ religious beliefs, there are limits. Employers probably don’t have to accommodate a worker who claims religious reasons for not providing a Social Security number or for taking illegal drugs. However, he added, most employers try to grant employees religious holidays or allow them to wear garments of a religious nature. •