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PAGE CONTENTS Articles on EI 19 January 2004 Mossawa letter to McDonald's Israel Attn: Mr. Hazem Natashe, Supervisor McDonald's, Ramle Branch Ramle Mall 68 Herzl St. Ramle Dear Sir, Re: The Dismissal of Employee Abeer Zinaty - Resident of Lod We hereby address you for our center, the Mossawa Center for the Civil Rights of Arab Citizens in Israel, with regard to the dismissal of our client, Abeer Zinaty - resident of Lod, as will be specified hereunder: Our client, Ms. Zinaty, who resides in Lod, began working at a McDonald's branch in Ramle on April 1, 2001, and worked at your branch continuously until December 21, 2003. Ms. Zinaty also received a certificate of excellence from McDonald's in April 2003, for her contribution to the company. According to our client, she was summoned to a meeting with you on December 12, 2003, in which you informed her of her dismissal from her place of employment. To her astonishment - and ours, of course - the reason for this was the fact that Ms. Zinaty spoke Arabic, her native language, with Arab clients who addressed her in their own language, which is also their shared native language, and [because] she occasionally spoke in the Arabic language to some of her colleagues, at work, who are also Arabic-speakers. Indisputably, the reason given to our client is racist, discriminatory and gravely serious, and cannot have any justification whatsoever. This is beyond the fact that it is, of course, against the law. And if we mention the law, we should also mention in this context the Equal Opportunity in Work Law, 5848 -1988, which forbids discrimination by an employer against his employees, among others, for reasons of their race or nationality, and also applies to the context of dismissal of employees. It is our understanding of the law, and surely when it discusses the discrimination of a person due to his nationality, it naturally derives that discrimination due to the cultural uniqueness of a person, at the core of which the stands the linguistic matter, is equally forbidden. The aforementioned law does not comprise an exhaustive list of the laws which relate to the aforementioned damage to our client, but we cannot but mention, in this context, the Basic Law of Man's Dignity and Freedom. Our center addresses you with an urgent and irrevocable request, that you stop the degrading, disgraceful and hostile behavior towards the Arabic- speakers among your employees, an in the event that this is a corporate policy, the matter is seven times worse; and you are also requested to reinstate the aforementioned employee at her place of employment. If this is not done, our client will see herself to be free to act in the appropriate manner to exhaust her rights in full, and to remove all doubt, we do not refer in this merely to legal means. Please respond as soon as possible, With all due respect, Fuad Azar, Advocate Legal Consultant Copies: Ms. Liza, Manage, McDonald's Branch, Ramle Dr. Omri Padan, CEO McDonald's Israel, Alnoyal Ltd., Kibbutz Gaash 60951 [ends] Translation by EI. 27 January 2004 letter from McDonald's Israel to Mossawa Center [logo:] McDonald’s January 27, 2004 Attn: Advocate Fuad Azar 2 Huri St. P.O.Box 4471 Haifa Greetings, Advocate Azar, Re: Yours of January 19, 2004 I have received your letter, dated January 19, 2004, on the matter of Ms. Abeer Zinaty. I have determined the facts with those people in the company who were involved in Ms. Zinaty’s employment, and I respond as follows: I was surprised to read in your letter a claim that the impression was created that the proceedings of certain employees of the company is tinged with racism or discrimination. This, in light of the fact that not only McDonald’s Israel does not operate as claimed, but that McDonald’s Israel is actually known for its egalitarian activities, which do not discriminate between persons on the basis of differences in religion, race, sex, or other parameters, and has these principles engraved on its standard. We would not be telling an untruth if we said that the company is renowned in this matter. The company does not merely use fine words, but also implements them in practice, and I am certain that Ms. Zinaty will also be able to confirm this to you. Simultaneously, and there is no contradiction in this matter, there is a directive known to all chain employees, that restaurant staff will speak, among themselves and with clients, only in the Hebrew language. This is in order to prevent discomfort felt by clients and staff, who mostly speak Hebrew. Incidentally, I will note that this procedure is customary at many places and organizations. As to the circumstances surrounding the termination of Ms. Zinaty’s employment with the company – these are known to her, and were transmitted to her clearly, so that it seems that there is no need to discuss the matter again. Also with an eye on Ms. Zinaty’s privacy and dignity, we do not find it appropriate to specify the circumstances of her dismissal in this letter. It seems that in her distress, the employee chose to present the issue to you as it appears in your letter. However, and to remove all doubt, we will make it clear that Ms. Zinaty was dismissed as a result of her behavior, which deviated from the rules of working for the chain, and her dismissal had nothing at all to do with the use of the Arabic language. I hope that you now have the complete picture, and will be glad to respond to any additional question that might arise. [stamp: received: February 5, 2004] Cordially, Tailla Yodfat Assistant Director General, Human Resources Alonval Ltd. * Kibutz Gaash * Gaash Post 60951 Israel * Tel: 972-9-9711444 * Fax: 972-9-9711400 A Licensee of McDonald’s Corporation [ends] Translation by EI. 5 February 2004 statement from Abeer's McDonald's supervisor Hazem Natche [TOP LEFT CORNER HEBREW LETTERHEAD:] Tikshoret Asakim [Asakim Communications] Irina Shalmor, Daniela Laor [BLACK MARKER HEBREW:] To Hisham - 2 Pages [BODY HANDWRITTEN ARABIC:] My name is Hazem Natche, a resident of Arab Jerusalem and responsible for one of the McDonald's branches in the Jerusalem area. I would like first to explain that the McDonald's company has approximately three thousand employees including Arabs, new immigrants, at the ratio of 20--25% Arabs: 20--25% new immigrants and 60% Jews. I am responsible for some problems between workers and [...] and Jews and new immigrants. Regarding Abeer, it was my decision in my administrative capacity to terminate her employment for many reasons related to behavior incompatible with the company's work rules and laws. (1) First: Abeer did on several occasions use her mobile phone during work hours even though she knows it is not possible to use the phone during work. (2) Second: Work rules allow each employee to get a half-hour break. Abeer on several occasions stayed away longer without prior permission. (3) Third: Abeer answered to her superiors in an inappropriate manner during work hours and on several occasions. (4) Fourth: Abeer hesitated and sometimes failed to execute decisions concerning her and she dictated preconditions to the manager who warned her, or kitchen work or other things. [This sentence is unclear because the original is either unclear or illegible] Fifth: Abeer spoke Arabic to her Arabic co-workers while she was on duty, even though Abeer knows that Hebrew is the language for interpersonal communications at work, in order that her colleagues whether new immigrants or Jews understand the orders sent to the kitchen. It is my duty to inform that I have been working at the company for almost eight years, and I was treated well. I managed to excel over my colleagues, I was honored and given more than my rights. I also work in the evenings. If there is another worker who acts [......] another who acts as Abeer did he would be treated in the same manner as Abeer was. It is not possible that Abeer, who was honored by the company for her distinction previously, would make a claim against the company. I do not know what her aim is in making such an illogical claim. Thank you [ends] Translation by EI. Parantheses [...] indicate places where one or more words were illegible and could not be translated. 6 February 2004 Article in Al-Ittihad IN A REPLY SENT TO "AL-ITTIHAD" YESTERDAY: "MCDONALDS" CONFIRMS CLAIM BY ARAB WORKER THAT SHE WAS DISMISSED FOR SPEAKING ARABIC! Bullet point: Statement was intended to deny racial motive was behind dismissal of worker but justifies dismissal in very terms it sought to deny!! Body: HAIFA -- "Al-Ittihad" Bureau -- Following the publication by "Al-Ittihad," of the news that a McDonald's branch in Ramle had fired an Arab worker, Abeer Zinaty, solely because she spoke Arabic with customers and co-workers ("Al-Ittihad," yesterday, Thursday), the company yesterday sent an account which sought to deny the worker's version of events. But it is clear from the document that the worker is telling the truth and that the company itself confirms her claims. The company furnished many details about the worker, claiming among them, that she would talk on the telephone for too long, and that she "answered back to her superiors in an inappropriate manner," (no details provided!). But the company's statement, which it sent to "Al-Ittihad" through the public relations firm "Shalmor Tikshoret,"* added among its justifications for the termination of the worker: "Abeer Zinaty spoke Arabic to her Arabic co-workers while she was on duty, even though Abeer knows that Hebrew is the language for interpersonal communications at work, in order that her colleagues whether new immigrants or Jews understand the orders sent to the kitchen." And we note here that this is precisely what Abeer Zinaty has claimed. And this is what prompted her, as she confirmed, to go to the "Mossawa" center so that the lawyer Fouad Azaz could take up the matter. Zinaty told our correspondent yesterday that what the company said about her behaviour at work lacks any basis in truth. She added that all the comments directed at her by the shift managers were only about her speaking with her co-workers in their own language, Arabic. She wonders: why do co-workers who speak Russian amongst themselves not suffer the same treatment? [ends] Translation by EI. * Note: the firm's correct name is Tikshoret Asakim, not Shalmor Tikshoret. One of the owners is called Irina Shalmor, which is presumably where this compounded name must have originated. 8 February 2004 article in Israeli newspaper Ma'ariv BITTER BURGERS: MCDONALD'S FIRED AN EMPLOYEE BECAUSE SHE SPOKE ARABIC Got Language - Got No Job Abeer Zinaty was an excelling employee at the McDonald's branch in Ramleh * she was fired after she conveyed an order to the kitchen in Arabic * McDonald's: the professional language is Hebrew, other languages - during the workers' spare time by Asaf Zelinger The McDonald's chain of restaurants is famous for its tough procedures. One of the procedures which is only established in Israel, states that all the instructions conveyed to the kitchen from the cash registers will be stated only in Hebrew. An excellent worker, who did not live up to this stringent rule, was fired from her position at the Ramleh branch. So, how do you say "burger" in Arabic? You don't. Abeer Zinaty was accepted for work at the McDonald's Ramleh two and a half years ago, when she was still in high school. She excelled at her job and over the past two years even climbed up the hierarchy at the branch. However, approximately two months ago Abeer discovered that her place of employment had facets she had not been familiar with. "One day I got a phone call from my manager, who called me in for a discussion," said Zinaty. "I though it was going to be a discussion about my future at the branch, because I was due for promotion and I was offered to become a shift leader, but I refused, because I was accepted [to a school] for studies." * The Surprise When Zinaty arrived at the branch, she was met with a surprise. Instead of a discussion about promotion, a termination letter awaited her. "I was not expecting this, because everything was as usual at work, and I didn't feel that I had done something wrong," she said. "When I asked the manager why, he told me that there were a number of reasons, but above all it is because I speak too much Arabic at the branch." "Russian immigrants also worked alongside me at the branch, they spoke Russian and no-one said a word to them about that, so why is Arabic forbidden? Now they tell me that it's not because of the Arabic but because I did not behave properly. When they fired me, I didn't hear about problems [they had] with me or inappropriate conduct and if so - then how come they never warned me?" The employees were always instructed that according to the rules at McDonald's they are forbidden to speak Arabic, in order to prevent discomfort by customers and other employees. "I made sure I would only speak Hebrew all the time, but every now and then I'd speak Arabic with my friends, but not in front of customers," admits Zinaty. After her dismissal, Zinaty turned to the Mossawa Center - Rights for the Arab Citizens of Israel and told the center's legal advisor, Fuad Azar, About what happened. In his letter to McDonald's he wrote: "The excuse for dismissal due to speaking [one's] native language, if it is racist, is discriminatory and serious, and it cannot be justified for any reason. The Equal Opportunities in Employment Law forbids employers to discriminate due to the race or nationality of any of the employees. You are requested to reinstate the employee in her position immediately. If not, our client will see herself as free to act in the appropriate manner in order to realize her rights in full." * The Arab Manager Fired "I'm an Arab from East Jerusalem, working for the company for eight years, and I've never come across discrimination. The opposite, I got preferential treatment and that's also the treatment I give," said Hazem Natche yesterday, the regional inspector who fired Zinaty. "She spoke on the cell phone a few times at work, although she knew it is forbidden, she left her work for long breaks during work, she was fresh with managers and made conditions for them, and she was warned for that." As to the prohibition of the Arabic language, Natche says: "the official language at McDonald's, used between the cash registers and the kitchen, is Hebrew, in order to prevent communication short circuits. Abeer spoke in Arabic to the kitchen staff, against the regulations. There were other employees I fired because the used a communication language which was out of line with the discipline code, both Russian-speakers and Arabic-speakers." * Russian is Forbidden, Too The McDonald's company responds that: "According to her managers' testimony, the employee in question did everything possible so she would be dismissed, in order for her to receive compensation and the accompanying benefits, such as unemployment payments. The McDonald's chain is proud to be employing 3,000 people, including 600 Arabs and 600 immigrants from Russia. An instruction was given that the professional language, in other words, operating instructions given from the cash registers to the kitchen, should be Hebrew. Other languages, such as Russian and Arabic, are spoken if necessary with clients or in the employee's free time." [ends] Translation by EI. 23 February 2004 letter from McDonald's Israel to Mossawa McDonald’s February 23, 2004 Attn: Advocate Fuad Azar 2 Huri St. P.O.Box 4471 Haifa Greetings, Advocate Azar, Re: Further to my letter dated January 27, 2004 Since my letter date January 27, 2004, was addressed to an attorney, I was assisted in its composition by the company’s legal consultant, advocate Ronit Tzafrir, who phrased the letter in accordance to the spirit of my words. In the gap between my spoken words and their printing, a human error occurred in the fifth paragraph. I did not notice this error before signing the letter, since what I had before me was the spirit of the letter, which was designed to emphasize the issue of equality, of which our company is a standard-bearer. To remove all doubt, I hereby wish to emphasize that the only language-related directive that exists in the chain refers to the professional language, which is spoken in the kitchen and in the intercom system that links the cash registers and the kitchen. It is self-evident that the employees may conduct small-talk in any language whatsoever. Our employees may speak any convenient language to the clients, and we even encourage them to do so. Moreover, at a number of branches where most of our clients are Arabic-speakers, the menu itself is displayed in this language (for example: Tamra, Nazareth, Karmiel, and Jann). I am very sorry that – in light of that human error – the matter was misinterpreted. I will be glad to be at your disposal with regard to any additional question on this matter. Cordially, Talila Yodfat Assistant Director General, Human Resources Alonval Ltd. * Kibutz Gaash * Gaash Post 60951 Israel * Tel: 972-9-9711444 * Fax: 972-9-9711400 A Licensee of McDonald’s Corporation [ends] Translation by EI. 23 February 2004 press release from the Labor, Welfare and Health Committee of the Israeli Knesset [letterhead: The Knesset: Speaker’s Announcements] Announcement by the Labor, Welfare and Health Committee MK Shaul Yahalom, Chair of the Labor, Welfare and Health Committee, scolded the McDonald’s corporation today for taking inhumane and immoral termination procedures, and called for the immediate reinstatement of the employee dismissed from her position at the Ramleh branch of McDonald’s. Released: February 23, 2004 The committee was presented with a written directive from the Assistant Director General for Human Resources at the McDonald’s corporation, which states that “restaurant staff will speak, among themselves and with clients, only in the Hebrew language”. This directive contradicts the declaration by the Deputy to the Chairman of the McDonald’s Management in Israel. The Labor, Welfare and Health Committee, headed by its chairman, MK Shaul Yahalom, held a meeting today regarding the motion for summary discussion by MKs Ahmed Tibi and Taleb Al-Sana’ on the subject of the dismissal of an employee of McDonald’s in Ramleh because she spoke in Arabic. MK Shaul Yahalom: “I was not convinced regarding the motive for the dismissal of the employee, but in a humane and moral society, it is not possible to dismiss an employee who worked for the company for three years [and] received certificates of excellence, without any written warning. MK Yahalom demands that McDonald’s reinstate the employee, Abeer Zinaty, at her place of employment.” MK Taleb Al-Sana’: “The employee’s dismissal was arbitrary. The employers abuse their position in order to deny the employees’ rights.” Ms. Abeer Zinaty had worked for McDonald’s for three years: “About a year ago I received a certificate of excellence, but I was dismissed with the claim that I speak Arabic too much while working.” Hazem Natche, a resident of East Jerusalem, a regional inspector for McDonald’s who is responsible for 6 branches [run by] the company: “In the 8 years that I have been employed by the company, I have never dismissed employees because they spoke Arabic. I myself am an Arab, and that claim is ridiculous. The employee, Abeer Zinaty, was dismissed because there was a deterioration in her work over the last half-year.” Ms. Ariella Padan, Deputy to the Chairman of the McDonald’s Management in Israel, declared that the McDonald’s chain does not ban personal conversations between the employees in Arabic or in any other foreign language. However, Ms. Amal, representative of the Mossawa Center (human rights organization in Arabic) presented a document written by the Assistant Director General of Human Resources, Talila Yodfat, in which it is stated specifically that: “there is a directive known to all chain employees, that restaurant staff will speak, among themselves and with clients, only in the Hebrew language. Ms. Anita Yitzchak, in charge of the Equal Opportunity in Employment Law in the Ministry of Industry, Trade and Labor, reported to the committee that following the publication of the matter in the media, the Ministry decided to begin an investigation. MK Shaul Yahalom, Chairman of the Labor, Welfare and Health Committee, summed up the meeting and said that: The Equal Opportunity in Employment Law forbids discrimination due to race or nationality. In addition, the Supreme Court stated that it views discrimination on the basis of race, religion, nationality, ethnicity or age with great gravity. The Committee calls upon all the employers, including the McDonald’s company, to act in accordance to the provisions of the law, and of course – not to discriminate against employees based on race, nationality, or language. The Committee has noted that the subject of Ms. Abeer Zinaty’s dismissal is under investigation with the Ministry of Industry, Trade and Labor, and for this reason the Committee will not consider the specific facts which came up in the course of the meeting. The Committee notes that a contradiction was exposed between the statement Ms. Ariella Padan, Deputy to the Chairman of the McDonald’s Management in Israel, made to the Committee, who declared before the Committee that there is no prohibition and in fact that it is recommended that the employees speak to clients in a language they are familiar with, with not limitations. Conversely, in a letter sent by Ms. Talila Yodfat, Assistant Director General for Human Resources, at the McDonald’s corporation, to Advocate Fuad Azar of the Mossawa organization on January 27, 2004, the following was stated: “there is a directive known to all chain employees, that restaurant staff will speak, among themselves and with clients, only in the Hebrew language. This is in order to prevent discomfort felt by clients and staff, who mostly speak Hebrew”. This contradiction provides the Committee with the reasonable doubt, that it is possible that this confusion led to the fact that – prima facie and without investigating the facts of the matter – that there is something to this, and that Ms. Abeer Zinaty was indeed fired because she breached the directives included in the letter by Ms. Talila Yodfat. For this reason, the Committee calls upon the McDonald’s corporation to reinstate the employee. The Committee noted that the McDonald’s company employs approximately 3,000 workers. The Committee is of the opinion that the dismissal of an employee, and certainly an employee who has worked for a few years, as in the case of Ms. Zinaty, should not be done without advance warning in writing. The Committee is of the opinion that it is appropriate, morally, humanely, and in terms of employment relations, to make the severity of the employee’s actions clear to him in writing, both so that he may make amends and in order to prevent arguments and slander about the cause of the dismissal, if such occurred. The Committee calls upon the McDonald’s corporation to act in accordance with these values. [ends] Translation by EI. 12 March 2004 article in Hadith Al-Nass newspaper [SMALLER TOP HEADLINE] Amidst worldwide furor following its dismissal of an employee for this reason: [LARGE HEADLINE] Mcdonald's Israel reverses its prohibition on speaking Arabic during work hours [BODY] McDonald's Israel has announced that it has reversed its prohibition on its Arab employees speaking Arabic either to each other or with Arab customers. This was announced in a letter sent by the company to the Mossawa Center for Arab rights, after the center exposed this company policy and undertook a media campaign to embarass the company locally and internationally. It is noteworthy that the Mossawa Center has received calls from international institutions and foreign media, which are still apprising world public opinion about the matter. Knesset Member Shaul Yahalom, chairman of the Committee on Labor, Welfare and Health in the Knesset had issued a strongly-worded reprimand to the McDonald's company for terminating the services of an Arab employee because she spoke Arabic, and Yahalom described this action as immoral and inhumane. This [Knesset] hearing was held upon the request of Knesset Members Talab Sana and Ahmad Tibi. The meeting was attended by representatives from McDonald's, the dismissed employee Abeer Zinaty, representatives from the Ministry of Trade, Industry and Employment, and representatives from the Mossawa Center. Ministry of Trade and Industry representatives said they started an investigation after the matter was published by the media. On December 21st 2003, the McDonald's branch manager had summoned the employee to inform her of the decision to dismiss her because she spoke Arabic with some Arab customers and that she did the same several times with her colleagues. The Mossawa Center had earlier approached the McDonald's branch in Ramle demanding that they stop racist practices towards Arab employees. The reply of the human resources manager in McDonald's at the time was: "there are clear standing regulations for all company employees that only Hebrew should be used for talking with each other or with customers." [ends] Translation by EI. 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