UPS to Pay $70,000 in Settlement Over an EEOC Religious Discrimination Lawsuit
In a religious accommodation lawsuit filed by the EEOC, the United Parcel Service, Inc. (UPS), the world's largest package delivery company, has agreed to pay $70,000 as well as furnish significant injunctive relief to the plaintiff, a Jehovah's Witness whom UPS hired as a part-time loader at its Saddle Brook, N.J. facility.
Shortly after his new-employee orientation with UPS the plaintiff, Christopher Pompey made a request for a schedule change in order to attend an annual religious service, claiming it conflicted with his obligation to transport senior members of his congregation to the Memorial, the most solemn event of the year for Jehovah's Witnesses.
Request for Schedule Change to Attend Service was Religious Discrimination
His supervisor and human resources department denied the request for a schedule change. When he took part in the service and did not return to work the plaintiff was terminated. The EEOC contended that the refusal to grant the request for a schedule accommodation in addition to the termination of the plaintiff constituted religious discrimination.
Furthermore, the lawsuit alleged that when Pompey applied for a job with the UPS in a different location he learned he had been placed on a company-wide “do not rehire” list and was unable to get another job with UPS after re-applying elsewhere.
The EEOC charged that the hiring manager's actions were in violation of Title VII of the Civil Rights Act of 1964, which makes religious discrimination in the workplace illegal. It also requires companies to make reasonable accommodations for religious practices, absent an undue hardship to the employer.
In addition to paying the $70,000 in damages to the plaintiff, UPS is prevented from discriminating against employees based on their religion, or from retaliating against employees for opposing that discrimination in the future. Additionally, the company must post its policy outlining the necessary steps for requesting accommodation for any religious event throughout its Saddle Brook location, as well as conduct anti-discrimination training for managers and supervisors, as well as discuss the policy with employees at the location during pre-work meetings.
“We are pleased that this resolution puts mechanisms in place to make it clear that employees are entitled to reasonable accommodation of their religious practices,” said Elizabeth Grossman, regional attorney for the EEOC.
Charles F. Coleman Jr., an EEOC Trial Attorney added, “Religious discrimination in the workplace cannot be tolerated. Businesses have a clear legal duty under federal law to handle requests for religious accommodations from their employees with due amounts of consideration.”
Peter K. Levine A Professional Law Corporation http://www.employmentforall.org/