DOJ Settles NYC Religious Discrimination Lawsuit

Department of Justice

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FOR IMMEDIATE RELEASE

Wednesday, May 30, 2012

Justice Department Settles Religious Discrimination Lawsuit Against New York City Transit Authority

The Justice Department announced today that it has reached a settlement with the New York City Transit Authority (NYCTA) to resolve allegations that the NYCTA is engaged in a pattern or practice of religious discrimination.

The Justice Department filed its complaint in September 2004 in the U.S. District Court for the Eastern District of New York.   The complaint alleged that the NYCTA violated Title VII of the Civil Rights Act of 1964 by selectively enforcing its uniform headwear policies against employees who are unable to comply for religious reasons and by failing or refusing to reasonably accommodate those employees whose religious practices require an accommodation from the NYCTA’s uniform headwear policies.   Title VII prohibits discrimination in employment on the basis of race, color, sex, national origin and religion.  

According to the Justice Department’s complaint, the NYCTA had not enforced its uniform headwear policies prior to Sept. 11, 2001.   However, beginning in or about March 2002, the NYCTA began to selectively enforce those policies against Muslim and Sikh employees, moving them or threatening to move them out of public contact positions because the employees, consistent with their sincerely held religious beliefs, refused to attach NYCTA logos to their khimars and turbans, respectively.  

Under the terms of the settlement agreement, which must still be approved by the court, the NYCTA must:   (1) adopt new uniform headwear policies, which would allow employees working in public contact positions to wear khimars, yarmulkes, turbans, kufis, skullcaps, tams and headscarves without attaching anything to the headwear; (2) implement and distribute a new religious accommodation policy consistent with Title VII’s requirement to reasonably accommodate the religious practices of all employees and prospective workers; and   (3) provide guidance to and ensure that training is completed by the NYCTA personnel responsible for implementing the agency’s new religious accommodation policy and procedure.  Additionally, the NYCTA will pay $184,500, divided among eight current and former NYCTA employees who were denied religious accommodations related to the NYCTA’s prior uniform headwear policies.

“This settlement agreement sends a clear message that the Department of Justice will not tolerate religious discrimination,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “I am pleased that the NYCTA has agreed to end its discriminatory practices that for years have forced employees to choose between practicing their religion and maintaining their jobs.”

The continued enforcement of Title VII has been and remains a priority for the Justice Department’s Civil Rights Division.   Additional information about the Civil Rights Division is available at its website at www.usdoj.gov/crt.

Former Employees Settle Race Discrimination and Retaliation Lawsuit in Arkansas

PRESS RELEASE
4-18-12

Little Rock Real Estate Company Settles EEOC Race Discrimination and Retaliation Suit

Bankers Asset Management Will Pay $600,000 for Excluding Blacks for Jobs and Punishing Employees for Complaining About Bias

LITTLE ROCK, Ark. – Bankers Asset Management, Inc., a real estate company in Little Rock, will pay $600,000 to former employees and a class of applicants to settle a race discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity (EEOC), the agency announced today.
The EEOC’s suit, Civil Action No. 4:10-CV-002070-SWW, filed in U.S. District Court for the Eastern District of Arkansas, Western Division, alleged that the company excluded black applicants for jobs at the company’s Little Rock location based upon their race.  The EEOC also alleged that the company retaliated against other employees and former employees for opposing or testifying about the race discrimination, by demoting and forcing one out of her job and by suing others in state court.  The EEOC attempted to resolve this matter during conciliation prior to filing suit.
Race discrimination and retaliation violate Title VII of the Civil Rights Act of 1964.
In addition to injunctive and monetary relief, the three-year consent decree settling the lawsuit requires that BAM:

• provide mandatory annual three-hour training on race discrimination and retaliation under Title VII to all of its employees;
• have its president or another officer appear at the training to inform staff of the company’s non-discrimination policy regarding race and retaliation; that the company will not tolerate such discrimination; and the consequences for discriminating in the workplace;
• maintain records of complaints of race and retaliation discrimination;
• provide annual reports to the EEOC regarding such complaints;
• issue a memo to one of the hiring officials explaining that BAM does not discriminate on the basis of race and retaliation; and
• post a notice to employees about the lawsuit that provides the EEOC’s contact information.

“Excluding qualified individuals from job opportunities because of their race or in retaliation for exercising protected rights are fundamental violations of the laws we enforce,” said EEOC General Counsel David Lopez.  “As this case demonstrates, the EEOC is prepared to vigorously pursue such cases and resolutions that help ensure that workplaces will be free from discrimination.  Recent cases we have filed alleging hiring discrimination, such as our suit against Bass Pro, demonstrate this continued commitment.”
“We are pleased that this company worked with us to reach a satisfactory resolution in this matter to ensure black applicants will be judged based on their qualifications,” said Faye A. Williams, regional attorney for the EEOC’s Memphis District Office.  “The measures in the decree will work to ensure that African-American applicants are treated in the same manner as others, and that employees who have the courage to oppose race discrimination are protected against retaliation.”
BAM is an Arkansas corporation engaged in real estate, real estate-owned properties, broker management and asset management in the Little Rock area.
The EEOC enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available on its website at www.eeoc.gov.