A pediatric healthcare system in Georgia will pay $45,000 to settle a religious discrimination lawsuit filed by the US Equal Employment Opportunity Commission (EEOC), the federal agency announced on December 22, 2023.
The EEOC charged in its suit that a maintenance employee requested a religious exemption to the company’s flu vaccination requirements based on sincerely held religious beliefs, in accordance with its procedures. The company granted the same employee a religious exemption in 2017 and 2018. In 2019, however, it denied the employee’s request for a religious accommodation and fired him, despite the employee working primarily outside and his position requiring limited interaction with the public or staff.
This alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits firing an employee because of their religion and requires that employers reasonably accommodate the sincerely held religious beliefs of their employees. The EEOC filed suit in US District Court for the Northern District of Georgia, Atlanta Division, after first attempting to reach a pre-litigation settlement via its conciliation process.
Under the consent decree resolving the lawsuit, the company will pay $45,000 in monetary damages to the former employee. It will also adjust its influenza vaccine religious exemption policy to presume the exemption eligibility of employees with remote workstations or who otherwise work away from the presence of other employees or patients, and to protect the ability of such employees to seek alternative positions within the company if their religious exemption request is denied. The decree further provides that the company will train relevant employees on religious accommodation rights under Title VII.
“It is the responsibility of an employer to accommodate its employees’ sincerely held religious beliefs,” said Marcus G. Keegan, the regional attorney for the EEOC’s Atlanta District Office. “Unless doing so would require more than a minimal cost, an employer may not deny requested religious accommodations, let alone revoke those previously granted without issue. The EEOC is pleased that the employee has been compensated and that [the company] has agreed to take steps to ensure that it meets its obligation to evaluate religious accommodation requests in a manner consistent with federal law.”
Compliance Perspective
Issue
Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical, or moral beliefs. 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. Unless it would be an undue hardship on the employer’s operation of its business, an employer must reasonably accommodate an employee’s religious beliefs or practices.
Discussion Points
- Review policies and procedures to ensure prevention of any type of discrimination, including religious discrimination. Revise policies and procedures if needed.
- Train staff about their right to be free from discrimination in the workplace. Teach staff to report any concerns of discrimination against themselves or their co-workers to their immediate supervisor, the compliance officer, or through the facility’s hotline.
- Periodically audit by anonymously polling staff to determine if they are experiencing discrimination or have observed it happening to others. Ask if they feel free to report such instances without fear of retaliation or retribution.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
