9th Circuit Rules CDCR Did Not Commit Religious Discrimination
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- Published on Thursday, 02 June 2011 04:14
In a recent decision, the 9th Circuit has ruled that the California Department of Corrections and Rehabilitation (CDCR) did not commit religious discrimination. In the case, a small group of inmates and a volunteer chaplain sued the CDCR alleging a failure to properly accommodate their religion, specifically the Wiccan religion. This religion honors the "cycles of nature with rituals and new and full moons and on eight seasonal festivals." As of 2007, there were 183 Wiccans inmates in the CDCR, compared to 42, 666 Protestant inmates, and 23, 160 Catholic inmates. In an effort to accommodate the religious needs of inmates, the CDCR has a paid chaplaincy program that employs Protestant, Catholic, Jewish, Muslim and Native American clergy. They serve all inmates, but other religions, such as the Wiccans, are served by volunteer chaplains. The inmates alleged that prison practices failed to provide for certain general Wiccan religious needs and free exercise. The court found that the inmates failed to exhaust their remedies or bring their claim in a timely fashion. As for the chaplain, who claimed a violation of Title VII and FEHA because the CDCR failed to hire him in a paid chaplain position, the 9th Circuit agreed with the district court that a bona fide occupational qualification existed which defeated the chaplain's claim. Specifically, the job descriptions of the paid chaplain positions required that the chaplain be from one of the five denominated faiths in the chaplaincy program....
Employers Will Pay $3.2 Million For Disability Bias
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- Published on Thursday, 06 January 2011 04:39
A federal judge signed a consent decree for $3,200,000 and extensive remedial relief resolving the U.S. Equal Employment Opportunity Commission's (EEOC) disability discrimination lawsuit against supermarket giants SUPERVALU INC., American Drug Stores LLC, and Jewel Food Stores, Inc. (referred to as "Jewel-Osco"). According to the EEOC, Jewel-Osco allegedly had a policy of terminating employees with disabilities at the end of medical leaves of absence rather than bringing them back to work with reasonable accommodations. Approximately 1,000 employees of Jewel-Osco's stores were allegedly terminated under this policy since 2003. In addition to the monetary relief, Jewel-Osco is required to ensure that its employees involved in making accommodation decisions undergo training on the requirements of the ADA and on the types of accommodations that are available to return their employees to the workplace. Jewel-Osco will also hire consultants to review and recommend changes to its current job descriptions, ensure that the descriptions of the physical requirements of the job are accurate and provide recommendations on possible accommodations to common work restrictions in various positions in the stores. The company will have to report regularly to the EEOC on its efforts to accommodate employees with disabilities who are attempting to return from medical leaves of absence. Furthermore, Jewel-Osco will revise its communications with such employees to assure them that they need not be 100% healed in order to be considered for a return to work, and to inform them of some of the types of accommodations that may be available to them if they are considering returning to work with medical restrictions. John Hendrickson of the EEOCs Chicago District Office said, "It is vital that employers understand that the primary goal of the ADA is to allow people with disabilities to be active and productive members of the work force," "Sending them home, with reduced or no pay, and without the ability to advance, thwarts that purpose. I am concerned that some employers believe that keeping an employee who is able to work off the job and on a leave of absence is a reasonable accommodation relieving them of further obligations under the ADA. Such a belief could lead to costly mistakes."...
