Title VII prohibits workplace discrimination on the basis of, among many things, religion. Title VII requires employers to provide a reasonable accommodation for religious beliefs unless unduly burdensome. An employer’s disregard for Title VII resulted in a recent jury award of $21.5 million to a Florida woman.
She was a dishwasher at a Miami hotel who informed her employer when she was hired that she could not work on Sundays because she was a missionary for the Soldiers of Christ Church and Sunday was the day to “honor God.” On that basis, the hotel allowed her to take off on Sundays for ten (10) years. However, after ten (10) years of not working on Sundays, a kitchen manager told her she must now work on Sundays.
The employee provided the kitchen manager a letter from her pastor explaining her sincerely held religious beliefs. The kitchen manager allegedly threw away the letter. The employee switched shifts with co-workers until she was allegedly “terminated for alleged misconduct, negligence, and ‘unexcused absences’.”
Accordingly, the employee filed suit claiming that the hotel had an obligation to “reasonably accommodate” her religious beliefs as long as it did not create an undue burden on the hotel. She was awarded $21.5 million: $36,000 for lost wages and benefits, $500,000 for emotional pain and mental anguish, and $21 million for punitive damages. (The punitive damages will likely be cut to $300,00.)
I’ve said it before and I’ll say it again, employers beware. Compliance is key.
Contact the Arefin Law Office, LLC for Title VII compliant policies and procedures, as well as on-site Diversity and Inclusion training for your management and employees.
