The Department of Justice (DOJ) has filed a lawsuit against a Texas corrections agency for allegedly denying religious accommodations to an employee for wearing a head covering.
Franches Spears, who was a file clerk at the agency’s Pam Lychner State Jail near Humble, Texas, was initially placed on paid leave and later fired after wearing a head covering “as an expression of her faith in Ifa.”
“Employers may not require employees to renounce their religious beliefs or unduly question the sincerity of those beliefs,” Assistant Attorney General Kristen Clarke said in a statement. declaration.
“This lawsuit is a reminder to all employers of their clear legal obligation to provide reasonable religious accommodations. In our country, employers cannot force an employee to choose between their faith and their job.”
The federal lawsuit was filed in the Southern District of Texas on Friday against the Texas Department of Criminal Justice (TDCJ). It alleges the agency violated Title VII of the Civil Rights Act of 1964.
The lawsuit alleges that Spears requested to wear the head covering in accordance with her religion. The TDCJ refused to grant her request, first suspending her without compensation and then terminating her employment because she was unwilling to remove her headscarf, according to court documents.
Spears wore the head covering in September 2019. After more than a month of wearing it without objection, she was directed to the human resources department and informed of the violation of “business casual uniforms and grooming standards for non-employees.” uniformed”, according to the complaint.
There, she elaborated on her faith in Ifá, but human resources expert Elizabeth Fisk reportedly said that “basically you just pray to a rock.”
Spears was instructed to fill out the “Religious Accommodation Form” but was warned that “your accommodation may never be approved.”
“Spears felt compelled to adhere to the tenets of her faith and refused to remove her head covering to continue working. As a result, the TDCJ placed her on unpaid leave for an indefinite period,” said the complaint claims.
In addition to requesting a permanent injunction to stop the prison agency from discriminating based on religion, the DOJ seeks to “fully compensate it for the pain and suffering” caused by TDCJ.
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