U.S. Department of Justice Accuses Texas Department of Criminal Justice of Failing to Make Religious Accommodation for Employee

The U.S. Department of Justice filed a lawsuit recently accusing the Texas Department of Criminal Justice of discriminating against one of its former employees based on her religious beliefs. According to the lawsuit, which was filed in Texas, the DOJ alleges that the state agency denied a former employee the right to wear a head covering in line with her faith. The TDCJ allegedly forced their former employee to remove the head covering or face termination.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, said in a statement, “Employers cannot require employees to forfeit their religious beliefs or improperly question the sincerity of those beliefs.”

According to Title VII of the Civil Rights Act of 1964, employers may not discriminate against an employee on the basis of the performance or practice of their religion. This requires employers to make reasonable accommodations when it comes to religious garb, personal expression, or dress. In this case, the employee was not uniformed. The DOJ accuses the TDCJ of forcing the employee to choose between the free practice of her religion and her job. As such, their refusal to allow the employee to wear her religious head covering is a violation of the Civil Rights Act of 1964.

Background of the case 

According to the lawsuit, the worker was hired as a clerk at the Pam Lychner State Jail. Due to her Ifa beliefs, the plaintiff began wearing a headscarf to work in September 2019. Ifa is a West African religion that dictates that some of its practitioners cover their head “with a head dressing during periods of religious ceremony, mourning, or to protect her spiritual power,” the complaint read.

Shortly after the worker began wearing the covering, she had a meeting with Human Resources to explain the religious significance behind the head dressing. According to the complaint, the Human Resources associate responded by saying, “Basically, you just pray to a rock.” The associate then told the plaintiff that she could either remove her headscarf and continue working or go home while the prison decided on her religious accommodation request. TDCJ then placed the worker on unpaid leave, according to the lawsuit. TDCJ also questioned the sincerity of the plaintiff’s beliefs and required her to present documentation or a statement from a religious institution pointing to a specific Ifa belief or doctrine that supported the necessity of wearing headscarves.

Ultimately, the prison forced the employee to choose between her religious faith and her employment which is expressly illegal under the freedom of religion protections of the Civil Rights Act of 1964.

Talk to a Tampa, FL Employment Rights and Discrimination Attorney Today 

Have you been discriminated against in the workplace due to your religious expression? If so, you may be entitled to file a lawsuit against your employer, get your job reinstated, and recover other damages related to the unlawful discrimination. Call the Tampa employment lawyers attorneys at Florin Gray Bouzas Owens, LLC today to schedule an appointment and learn more about how we can help.

Source:

texastribune.org/2024/05/03/justice-department-tdcj-discrimination-lawsuit/