A rehabilitation and therapy service provider operating in 18 states has agreed to resolve a discrimination charge filed with the US Equal Employment Opportunity Commission (EEOC), the federal agency announced on May 20. As a result of conciliation between the parties, the provider will provide monetary relief to the former employee and training for all employees and managers.
During the COVID-19 pandemic, an occupational therapy assistant employed by the provider was assigned to work at a third-party long-term care facility. The facility required all contracted staff to be vaccinated against COVID-19. Based on her religious beliefs, the employee requested an exemption. Although the provider initially indicated an intention to accommodate the request, it ultimately did not, citing the facility’s vaccine policy, and the employee’s employment was terminated.
After its investigation, the EEOC found probable cause to believe that the provider and the staffing agency involved in the placement engaged in an unfair discriminatory practice.
The alleged conduct falls under Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on religion and requires employers to provide reasonable accommodations for sincerely held religious beliefs and practices.
The case was resolved through the EEOC’s pre-litigation conciliation process. As part of the agreement, the provider will pay monetary damages to the former employee, update its accommodation request procedures, implement training for managers and HR staff, and educate non-supervisory employees on their rights.
“Providing reasonable accommodations for employees based on their religious beliefs is not optional,” said Amrith Kaur Aakre, director of the EEOC’s Chicago District Office. “An accommodation that allows an employee to perform their functions and causes no undue hardship is reasonable, and therefore must be provided. We appreciate [the provider] for participating in the conciliation process and taking steps to protect current and future employees from discrimination.”
Compliance Perspective
Issue
Religious discrimination occurs when an applicant or employee is treated unfavorably because of their religious beliefs. This protection applies not only to individuals affiliated with traditional, organized religions such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also to those with sincerely held religious, ethical, or moral beliefs. Federal law prohibits discrimination in all aspects of employment, including hiring, termination, compensation, job assignments, promotions, training, and benefits. Employers are required to provide reasonable accommodations for an employee’s religious beliefs or practices unless doing so would impose an undue hardship on the operation of the business.
Discussion Points
- Review policies and procedures to ensure they address religious accommodations and protections. Update as needed to provide clear guidance on how employees can request accommodations and how such requests will be evaluated and documented.
- Provide regular training for staff on their rights and responsibilities under anti-discrimination laws, including those related to religion. Ensure employees understand how to report concerns, and reinforce that all complaints will be taken seriously and handled confidentially. Supervisors and HR personnel should receive additional training on how to process accommodation requests and respond to reports of discrimination.
- Periodically audit by anonymously polling staff to determine if they are experiencing discrimination or have observed it happening to others. Ask if they feel free to report such instances without fear of retaliation or retribution.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*