Belk Inc., a department store chain, unlawfully discriminated against an employee by failing to accommodate her religious beliefs and discharging her because of her religion, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed in the U.S. District Court for the Eastern District of North Carolina (EEOC v. Belk, Inc., Civil Action No. 5:10-CV-00300).
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The department store is a privately owned mainline company, with more than 300 fashion department stores in 16 contiguous Southern states.
According to the EEOC’s suit, during the Christmas season, Belk required their employee, who worked in the gift-wrap section of Belk’s Crabtree Valley Mall store in Raleigh, to wear a Santa hat and apron. (WCxKit)
As a Jehovah’s Witness, the woman is prohibited from celebrating holidays, including Christmas. Because of her religious beliefs, the employee refused to wear the Santa hat and apron, traditionally associated with Christmas, to be worn by gift-wrap associates during the Christmas holiday season. After informing her supervisors she could not wear the Santa hat and apron because of her religion, Belk discharged her.
Religious discrimination violates Title VII of the Civil Rights Act of 1964. In its complaint, the EEOC seeks back pay, reinstatement, compensatory damages and punitive damages for the worker, as well as injunctive relief. The EEOC filed suit after first attempting to reach a voluntary settlement. (WCxKit)
“In this case, the employer refused to provide a simple accommodation to enable this woman to practice her sincerely held religious belief and keep her job,” said Lynette Barnes, regional attorney for the EEOC’s Charlotte District, which includes the EEOC’s Raleigh Area Office, where the charge was filed. “An employee should not be forced to choose between her faith and her job. This case demonstrates the EEOC’s commitment to fighting religious discrimination in the workplace.”
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: [email protected] or 860-553-6604.
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