Tennessee-based Wellpath, LLC, a provider of health services in correctional facilities, will pay $75,000 and furnish significant equitable relief to settle a religious discrimination suit brought by the US Equal Employment Opportunity Commission (EEOC). According to the EEOC’s lawsuit, a nurse who is a practicing Apostolic Pentecostal Christian was hired by Wellpath to work in the GEO Central Texas Correctional Facility in downtown San Antonio. Before reporting to work, the nurse told a Wellpath human resources employee that her religious beliefs require her to dress modestly and to wear a scrub skirt instead of scrub pants while at work. In response, Wellpath denied the request for her religion-based accommodation and rescinded the nurse’s job offer.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.
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. The EEOC filed suit, Civil Action No. 5:20-cv-1092, in U.S. District Court for the Western District of Texas, San Antonio Division, after first attempting to reach a pre-litigation settlement through its conciliation process. 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.
