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You are here: Home DRESS CODES

Taco Bell Restaurant Sued For Religious Discrimination

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Published on Thursday, 28 July 2011 19:20

A chain of Taco Bell restaurants in eastern North Carolina has been sued by the Equal Employment Opportunity Commission (EEOC) for allegedly failing to accommodate an employee’s religious beliefs and then subsequently terminating him because of his religion. According to the EEOC’s lawsuit, Christopher Abbey is a practicing Nazirite who, due to his religious beliefs, has not cut his hair since he was 15 years old. Abbey had worked at a Taco Bell restaurant in Fayetteville, N.C., since 2004. However, around April 2010, Taco Bell informed Abbey, who was 25 at the time, that he had to cut his hair in order to comply with its grooming policy. When Abbey explained that he could not cut his hair because of his religion, the company allegedly advised Abbey that unless he cut his hair, he could no longer continue to work at the restaurant. Title VII of the Civil Rights Act of 1964, requires employers to attempt to make reasonable accommodations to sincerely held religious beliefs of employees as long as doing so does not pose an undue hardship on the employer. The EEOC is seeking back pay, reinstatement, compensatory damages and punitive damages for Abbey, as well as injunctive relief. According to Lynette A. Barnes, regional attorney for the EEOC, “Many decision makers seem to forget that they must work with an employee to agree upon a reasonable accommodation that will suit everyone’s needs and rights...This case once again demonstrates the EEOC’s commitment to fighting religious discrimination in the workplace.” Read More.

Court Finds Abercrombie & Fitch Committed Religious Discrimination

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Published on Monday, 18 July 2011 19:58

A federal court has agreed with the U.S. Equal Employment Opportunity Commission (EEOC) that Abercrombie & Fitch committed religious discrimination against a 17-year-old Muslim girl. According to the EEOC, Abercrombie Kids failed to hire Samantha Elauf for a sales position because she wore a hijab (head scarf) in observance of her religious beliefs. More specifically, the EEOC alleged that Abercrombie Kids refused to hire Elauf for a position at one of its stores because she was wearing the hijab when she was interviewed, and this apparently violated the company’s “look policy” which prohibits the wearing of any head coverings. Abercrombie asserted that permitting Elauf to wear a hijab would cause an undue burden on the conduct of its business. Title VII of the Civil Rights Act of 1964, as amended, protects workers from discrimination based upon religion. This includes disparate treatment, harassment and segregation of employees based on religion. Title VII requires employers to provide reasonable accommodations for the religious practices of its applicants and employees unless doing so would pose an undue hardship. Barbara A. Seely, regional attorney for the EEOC, commented that “Samantha is a typical American teenager who has a sincere religious belief that she must wear a head scarf. Employers need to understand their obligation to balance employees’ needs and rights to practice their religion with the conduct of their business. Where there is a minimal impact on the business, those religious needs must be accommodated.” Read More.

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  ©Copyright 2011-2012 Employment Law Weekly  A Division of Floyd, Skeren & Kelly, LLP, All rights reserved. DISCLAIMER: The information on this site is for general information only. This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship with the authors of any of this information or their employers. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.