EEOC Fines Company for not Accommodating Religious Belief
Mims Distributing Company, Inc. has been ordered to pay $50,000 in order to resolve a religious discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC).
Christopher Alston, a practicing Rastafarian, applied for a job as a delivery driver with Mims. Alston was told that he could have the job if he cut his hair. Alston informed Mims that as a Rastafarian he could not cut his hair. Ultimately Alston did not get the job and the EEOC alleges it was because he would not agree to their request.
Disregarding a person’s deeply held religious belief is a violation of Title VII of the Civil Rights Act of 1964. Title VII requires employers to reasonably accommodate an employee’s religious beliefs as long as it would not pose an undue hardship to the company. The EEOC attempted to reach settlement through its conciliation process first, but when that failed they filed suit.
Mims has agreed to a two-year consent decree in order to resolve the issue. The consent decree requires Mims to create an official religious accommodation policy, to conduct annual training programs on the requirements of Title VII and its ban against religious discrimination, as well as post a copy of its anti-discrimination policy in its facility.
What is a Rastafarian?
Rastafarianism began in 1930s Jamaica. Marcus Garvey, a Jamaican who led a “Back to Africa” movement, predicted there would be a black messiah in Africa. When Ras Tafari, a prince, became Emperor of Ethiopia in 1930 (as Emperor he was called Halie Selassie) the people believed he was the black messiah Marcus Garvey prophesied about. Rastafarians believe that they are one of the twelve tribes of ancient Israel and that God took human form first as Christ the messiah then as Ras Tafari, the black messiah.
Where Do Dreadlocks Come into Play?
People who follow the Rastafarian religion wear dreadlocks because it is a part of the Nazarite Vow. They believe a man’s strength comes from the length of his hair. There is Biblical justification for the style (Leviticus 21:5 “They shall not make baldness upon their head, neither shall they shave off the corner of their beard nor make any cuttings in their flesh”) and it is the way some ancient African priests and Israelites wore their hair.
What is a Consent Decree?
A consent decree is defined as ‘an agreement or settlement to resolve a dispute between two parties without admission of guilt.’
What is Undue Hardship?
An undue hardship is an action that places significant difficulty or expense on the employer.
Reasonable Accommodation
Reasonable accommodation as defined by the U.S. Department of Justice is “any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions.”
E-Verify Requirement for All U.S. Employers? To Be Determined.
U.S. Border Patrol agent detains suspected illegal immigrant along the U.S.-Mexican border.
All employers in the U.S. may be required to participate in the E-Verify employment eligibility program if immigration legislation passes.
In the Border Security, Economic Opportunity, and Immigration Modernization Act, senators known as the “gang of eight” are proposing actions for the federal government to bolster its Comprehensive Southern Border Security Strategy overseen by the Department of Homeland Security.
If the Bill were to be enacted, all employers would need to check each job applicant’s employment eligibility through the online E-Verify system.
According to a Wall Street Journal poll, 60% of American small-business owners believe every employer should have to comply with the E-Verify system to verify workers’ legal status.
E-Verify is an online system where employers confirm the legal working status of new hires by linking to federal databases. The program is overseen by the U.S. Citizenship and Immigration Services (USCIS) in conjunction with the Social Security Administration (SSA).
GovDocs offers the E-Verify posting and the Federal Right to Work posting on a convenient “on one” format in both English and Spanish. Order here.
What’s Next for the E-Verify Legislation?
Debate on the $5.5 billion Bill is scheduled for Friday, April 19, 2013, when the Senate Judiciary Committee will hold its first hearing. The bipartisan “gang of eight” senators anticipate active opposition. One of the gang of eight, Sen. John McCain (R-Ariz.), said the gang pledges to oppose any effort to undermine the legislation.
Other Provisions of the Bill
- Sets goal of preventing 90 percent of illegal border crossing between the U.S. and Mexico.
- $1.5 billion allocated for full-border fencing.
- Full surveillance of the entire U.S.-Mexico border using unmanned drone aircraft and other technology.
- Moving to merit-based visas based on work history or occupational skill level as opposed to visas granted on familial relationships.
- Undocumented immigrants able to apply for registered provisional immigrant status.
- Immigrants would be unable to receive lawful permanent residence for 10 years after obtaining provisional status.
- Bars anyone who arrived in the U.S. after Dec. 31, 2011, from applying for legal status and ultimately citizenship.
- Applicants for legal status must document that they were in the country before Dec. 31, 2011, have a clean criminal record, and demonstrate financial stability.