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Mary Jo O'Neill, Regional Attorney, (602) 640-5044
Jeff Lee, Senior Trial Attorney, (505) 248-5210, Cell: (405) 684-1032
newsroom@eeoc.gov
FOR IMMEDIATE RELEASE
December 3, 2018
BLUE MOON DINER TO PAY $25,000 TO SETTLE EEOC RELIGIOUS DISCRIMINATION LAWSUIT
Farmington Diner Refused Muslim Employee’s Accommodation to Wear Head Scarf, Federal Agency Charged
ALBUQUERQUE, N.M. –Blue Moon Diner Inc. (the “Diner”), in Farmington, will pay $25,000 and furnish other injunctive relief to settle a religious discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the EEOC’s lawsuit, the Diner failed to accommodate employee Samantha Bandy’s request to work while wearing a hijab, a head scarf worn by Muslim women for religious purposes. In addition, the EEOC alleged that the Diner forced Bandy to resign when she opposed the discriminatory denial of accommodation and chose her religious practices over the Diner’s requirement that she stop wearing the hijab at work.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on religion and retaliation for opposition to discrimination. The EEOC filed suit in U.S. District Court for the District of New Mexico (EEOC v. Blue Moon Diner, LLC, Civil Action No. 1:18-cv-00567) after first attempting to reach a pre-litigation settlement through its conciliation process.
U.S. District Judge James O. Browning signed the order entering the consent decree settling the lawsuit on November 30, 2018. The decree provides for $25,000 in monetary relief to Ms. Bandy, which includes back wages and compensatory damages. The court order also requires the Diner to revise its religious discrimination policy, clearly outline its procedure for reporting discrimination complaints, and to train management and employees on Title VII's provisions prohibiting religious discrimination. Finally, the company must develop a Religious Accommodation Guidance Form for its employees and the company must report its employees’ requests for religious accommodation and the result of each employee’s request to the EEOC during the decree's two-year term.
“Employees should not have to choose between their faith and their work. Title VII of the Civil Rights Act of 1964 requires employers to provide reasonable accommodations for religious practices or beliefs of employees unless there is an undue hardship,” said Regional Attorney Mary Jo O’Neill of the EEOC’s Phoenix District Office. “We are pleased with the company’s quick action to resolve this lawsuit and their commitment to make progressive changes in its policies to address the accommodation of religious practices in its work place,” O’Neill added.
EEOC District Director Elizabeth Cadle said, “Employers should learn to recognize and immediately address religious accommodation requests with its employees.” Director Cadle added, “The EEOC will continue to vigorously prosecute cases of religious discrimination throughout our District, including claims that involve the employer’s refusal to provide reasonable accommodation for an employee’s religious beliefs.”
The EEOC Phoenix District Office has jurisdiction over Arizona, Colorado, parts of New Mexico, Utah and Wyoming.
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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For questions about the press release please contact Patricia McMahon at (303) 866-1344 or patricia.mcmahon@eeoc.gov
Connect with Denver Field Office Twitter @EEOC_Denver
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