A Tennessee-based provider of health services in correctional facilities will pay $75,000 to settle a religious discrimination lawsuit brought by the US Equal Employment Opportunity Commission (EEOC). Title VII of the Civil Rights Act of 1964 prohibits discrimination based on religion and requires employers to reasonably accommodate an applicant’s or employee’s sincerely held religious beliefs unless it would pose an undue hardship for the company.
The EEOC’s lawsuit alleges that a nurse who is a practicing Apostolic Pentecostal Christian was hired by the Tennessee health services company to work in a Texas correctional facility. Prior to her reporting to work, the nurse told a human resources employee for the Tennessee health services company that her religious beliefs require her to dress modestly and to wear a scrub skirt instead of scrub pants while at work. In response, the company denied the request for her religion-based accommodation and rescinded the nurse’s job offer. According to the suit, the nurse had worn a scrub skirt in other nursing jobs, including at a juvenile correctional facility.
The consent decree resolving the case provides the former employee with back pay and compensatory damages of $75,000. The decree also provides for injunctive relief, including anti-discrimination training and distribution of a notice informing employees of their rights.
Philip Moss, trial attorney for the EEOC’s San Antonio Field Office, stated, “Under federal law, when a workplace rule conflicts with an employee’s sincerely held religious practice, an employer must attempt to find a workable solution. This settlement should underscore the importance of employers taking affirmative steps to comply with their obligations under anti-discrimination laws.”
Additional information on religious discrimination can be accessed here.
Compliance Perspective
Issue
The law requires an employer or other covered entity to reasonably accommodate an employee’s religious beliefs and practices, unless doing so would cause more than a minimal burden on the operations of the employer’s business. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Some states have laws that protect younger workers from age discrimination, so it is important that you are aware of all of your state’s anti-discrimination requirements. Every company must have a ‘Zero Tolerance’ policy regarding discrimination. All employees, regardless of their position in the facility, must comply with the policy.
Discussion Points
- Review your policy and procedures for preventing religious discrimination. Update your policy as needed.
- Train all staff on your policy and procedures for preventing religious or any other form of discrimination. Document that the training took place and file each signed document in employees’ individual education files.
- Periodically audit staff understanding to ensure that they are aware of your religious anti-discrimination policy and determine if they have ever experienced discrimination in any category of protected status. Ensure staff are aware of how they can report religious or any other type of discrimination.
