Lessons Learned: Employers Can Re-evaluate Their Response to a Religious Accommodation Request If an Undue Hardship Exists, But Cannot Re-evaluate It for a Discriminatory or Retaliatory Reason

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Patricia Tsipras

July 15, 2024

The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it resolved a race and religious discrimination lawsuit against a nationwide automotive hauling and logistics company.

Charles R. Lynch, III, identifies his race as Middle Eastern, descending from Israelites and the Hebrew nation.  He adheres to Torah Observant Christianity.  According to his sincerely held religious beliefs, Lynch observes the Sabbath as a day of rest.  Lynch advised his employer, Wheeler Trucking, of his beliefs and requested that Wheeler accommodate them by not requiring him to work on Saturdays, in observance of the Sabbath.  Wheeler initially granted the accommodation.

However, according to the EEOC’s lawsuit, throughout Lynch’s employment at Wheeler, Lynch was subjected to harassment by supervisors and coworkers because of his race and religion.  Specifically, Wheeler employees allegedly used racial slurs and offensive stereotypes when referring to Lynch (including calling or referring to him as Osama bin Laden), mocked Lynch’s religious beliefs and race, criticized and challenged Lynch’s interpretation of the Bible, ignored or supported the harassing behavior, and retaliated against Lynch for opposing it, among other things.  According to the lawsuit, the harassment occurred repeatedly, often on a weekly basis, for a period of six months or more.

After initially accommodating Lynch’s Sabbath observance, Wheeler began scheduling Lynch to work on Saturdays.  In its Answer to Lynch’s Complaint in the lawsuit, Wheeler claimed that the schedule change was due to a change in business circumstances and staffing.  When Lynch advised Wheeler of the conflict between his work schedule and his sincerely held religious beliefs, Wheeler’s management advised Lynch that his only option was to accept the work conditions or quit.  During this exchange, Wheeler’s management allegedly told Lynch to leave and “F*** your religion.”  Lynch then ceased his employment with Wheeler.

Wheeler’s conduct, as alleged, violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race and religion and which prohibits retaliation.

The consent decree resolving the lawsuit requires Wheeler to pay $65,000, enjoins Wheeler from discriminating and retaliating against employees, requires Wheeler to conduct training for its employees, and requires periodic reporting to and monitoring by the EEOC.

The case is EEOC v. Wheeler Trucking, et al., No. 1:23-cv-01874 (N.D. Ohio).

Employers:  You have the right to reevaluate your response to accommodation requests if circumstances change that cause an undue hardship upon on business.  (See our article here about the heightened bar for employers on religious accommodation requests and our article here about a circumstance in which reversing your response to an accommodation request may be warranted).  However, the change cannot occur for a discriminatory or retaliatory reason.  Here, the evidence, if proven, suggests that the employer was motivated by discrimination and retaliation, not by business justification.

 

*Special thanks to Lisa Chapman, our paralegal, for her contributions to this article. 

 

This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice.  Always consult an attorney with specific legal issues.

 
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