FOR IMMEDIATE RELEASE
Tuesday, January 30, 2018
XPO LAST MILE WILL PAY $94,541 TO SETTLE
EEOC RELIGIOUS DISCRIMINATION SUIT
Logistics Company
Rescinded Job Offer to Jewish Employee Who Could Not Work on Rosh Hashanah,
Federal Agency Charges
BALTIMORE
– XPO Last Mile, Inc., a logistics company that specializes in the delivery of
items such as office furniture, home furnishings and fitness equipment, will
pay $94,541 and furnish significant relief to settle a federal religious
discrimination lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC)
announced today.
According
to the EEOC’s suit, XPO Last Mile’s operations manager offered an applicant a
dispatcher/customer service position at its Elkridge, Md., office and told him
his start date would be on Oct. 3, 2016. When the applicant told the
operations manager he could not start work then because he celebrated the
Jewish holiday Rosh Hashanah on that date, the operations manager replied that
he thought it would be acceptable for the applicant to start on Oct. 4. Later
that evening, however, the market vice president called and told the applicant
that the company would not give him a religious accommodation. XPO Last Mile
violated federal law when it revoked its offer of employment because the
applicant was unable to work on Rosh Hashanah due to his religious beliefs, the
EEOC said.
Title
VII of the Civil Rights Act of 1964 prohibits discrimination based on religion
and requires employers to reasonably accommodate an applicant’s or employee’s
sincerely held religious beliefs unless it would pose an undue hardship. The
EEOC filed its lawsuit in U.S. District Court for the District of Maryland,
Baltimore Division (EEOC v. XPO
Last Mile, Inc., Civil Action No.1-17:cv-01342),
after first attempting to reach a pre-litigation settlement through its
conciliation process.
In addition to the $94,541 in monetary relief to the
applicant, the three-year consent decree resolving the suit enjoins XPO Last
Mile from terminating employees based on religion or denying religious
accommodations absent an undue hardship in the future. The company will
implement and distribute to all employees a detailed policy against religious
discrimination. XPO Last Mile will provide training on unlawful employment
discrimination, which will emphasize prohibiting religious discrimination and
on providing religious accommodations. The company will also report to the EEOC
on how it handles any religious accommodation requests and post a notice
regarding the settlement.
“The EEOC is gratified that XPO Last Mile worked with us to
reach an amicable settlement which compensates the applicant and ensures that
no employees or applicants are discriminated against based on religion,” said EEOC
Regional Attorney Debra M. Lawrence.
EEOC Philadelphia District Office Director
Jamie R. Williamson added, “Our right to exercise
our religious beliefs is one of our most precious freedoms. This settlement
should send a strong message to all employers about the need to provide a
religious accommodation. Most religious accommodations can be done easily and
without incurring an undue hardship.”
The EEOC Philadelphia District Office has
jurisdiction over Pennsylvania, Maryland, Delaware, West Virginia and parts of
New Jersey and Ohio. The legal staff of the EEOC Philadelphia District Office
also prosecutes discrimination cases arising from Washington, D.C. and parts of
Virginia.
The EEOC advances opportunity in the workplace by enforcing
federal laws prohibiting employment discrimination. More information is
available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to
our email updates.
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