Religious Discrimination Alleged in Civil Complaint against Health and Rehabilitation Center in Virginia
A former employee (plaintiff) has filed a civil complaint against a health and rehabilitation center (defendant) alleging Title VII violations when the defendant refused to accommodate the plaintiff’s religious need to wear a hijab while working. The complaint was filed in Virginia’s Eastern District Court.
In April of 2016, the plaintiff was hired as a certified nursing assistant (CNA). The plaintiff’s essential job functions included providing direct care to patients and assisting in activities of daily living under the supervision of a licensed nurse.
In September of 2016, by this time employed by the defendant for five months, the plaintiff converted to Islam and began wearing a hijab. A hijab is an Islamic head covering that the plaintiff saw as mandated under her religion. The defendant would wear the hijab whenever she was in public or in the presence of males that were not in her immediate family.
In January of 2017, both the Director of Nursing and the Registered Nurse Unit Manager met with the plaintiff. During the meeting, the Director of Nursing and the Registered Nurse Unit Manager informed the plaintiff she was required to remove the hijab while working or face termination of employment.
The Director of Nursing and the Registered Nurse Unit Manager cited safety and risk concerns posed by the wearing of the hijab. Specifically, safety and risk concerns were raised in regard to the possibility of the headwear being grabbed and/or pulled by a resident.
The plaintiff explained she was required to wear the hijab because of her religious beliefs. Moreover, the plaintiff offered to wear the hijab in a tighter manner to reduce the risk of the headwear being grabbed and/or pulled.
The defendants subsequently terminated the plaintiff’s employment for her refusal to cease wearing the hijab at work. As a result, the plaintiff has filed a Title VII claim alleging the defendants failed to accommodate her for her religious beliefs, forced a decision between her employment and sincerely following her religious beliefs, and unlawful termination of employment.
The plaintiff is seeking reinstatement to her former position, compensation for all economic damages, payment for emotional harm, and punitive damages.
Sources:
https://bloximages.newyork1.vip.townnews.com/richmond.com/content/tncms/assets/v3/editorial/b/a1/ba15d9f0-37e5-51ab-afe7-78f0d9544a68/5b195b33c3f8c.pdf.pd
