DOJ Settles NYC Religious Discrimination Lawsuit

Department of Justice

Office of Public Affairs

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.

World's Biggest LGBT (Lesbian, Gay, Bisexual, Transgender) Study Launched; Focus On Workplace Discrimination

The world's biggest ever lesbian, gay, bisexual and transgender (LGBT) study has been launched to highlight the true scale of workplace discrimination and reveal if diversity and inclusion programmes are working.

Community Values 2010 will investigate views on other forms of workplace discrimination such as racial harassment as well as homophobia.

The Community Values 2010 research study is thought to be the largest and most comprehensive global LGBT research study of its kind, offering unprecedented insight into the lives of LGBT people from all walks of life across six continents.

This ground-breaking project is being conducted by the specialist gay marketing consultancy Out Now and is currently live in 23 countries and 10 languages, covering more than 1.3 billion of the world’s population. More than 25,000 respondents have already taken part.

The findings will be revealed in January 2011.

Story CONTINUED

Sexual Harassment, Housing Discrimination, Nets female tenants Award

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASEFriday, August 6, 2010

Jury Awards $115,000 to Victims of Housing Discrimination

WASHINGTON – A federal jury in Detroit today returned a $115,000 verdict against an Ypsilanti, Mich., man for sexually harassing female tenants in his capacity as a property manager, the Justice Department announced today. The jury also found the property owner and his company liable for the illegal harassment.
 
The lawsuit, filed in U.S. District Court in Detroit, alleged that Glenn Johnson subjected female tenants to discrimination on the basis of sex, including severe, pervasive and unwelcome sexual harassment, in violation of the federal Fair Housing Act.   The complaint also alleged that Ronnie Peterson and First Pitch Properties LLC, the owners of the properties, are liable for Johnson’s discriminatory conduct.
 
“Civil rights laws in this country – including the Fair Housing Act – seek to ensure that all individuals may live free from discrimination and harassment,” said Thomas E. Perez, Assistant Attorney General for Civil Rights. “Today’s jury verdict reminds landlords and rental agents that tenants should never be subjected to sexual harassment and that the Justice Department will vigorously fight to protect tenants from illegal discrimination.”
 
Over the course of a six day trial, the United States presented evidence that Glenn Johnson subjected six women to severe and pervasive sexual harassment, ranging from unwelcome sexual comments and sexual advances, to requiring sexual favors in exchange for their tenancy.   One woman testified that Johnson refused to give her keys to her apartment until she agreed to have sex with him. Another woman testified that she had sex with Johnson at least 20 times because he threatened that the owner would evict her if she did not.
 
The United States also presented evidence that Washtenaw County Commissioner Ronnie Peterson, who owned the properties, knew that Johnson was sexually harassing tenants but did nothing to stop it. One woman testified that she complained in person to Peterson about Johnson’s conduct yet Johnson continued to handle properties for Peterson for nearly two more years.
 
“Today’s verdict sends a message to landlords and rental agents that they cannot abuse their positions and sexually harass tenants,” said U.S. Attorney for the Eastern District of Michigan Barbara L. McQuade. “Women should be safe from sexual harassment in their own homes.”
 
Compensatory and punitive damages in the amount of $115,000 will be divided among the six female tenants whom the jury found were victims of the harassment.   The United States will file a post-trial motion seeking civil penalties against the three defendants as well as comprehensive injunctive relief. This case was referred to the Department of Justice by the Fair Housing Center of Southeastern Michigan.

Fighting illegal discrimination in housing is a top priority of the Justice Department.   The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex familial status, national origin and disability.   More information about the

Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt.  Individuals who believe that they have been victims of housing discrimination or have information related to this lawsuit can call the Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at fairhousing@usdoj.gov or contact the Department of Housing and Urban Development at 1-800-669-9777.

10-906Civil Rights Division

Series of Free Online Diversity Workshops Announced By Civil Rights Author, Diversity Expert

Contact: Susan Klopfer
Group Klopfer
www.susanklopfer.com

Upside Potential Exists For Companies That Embrace Diversity

New EEOC data shows that religious discrimination claims have doubled in the past 15 years, and the number of settlements has tripled since 1997. This should not surprise most executives for two reasons, says diversity consultant Susan Klopfer.

First, the United States is seeing a broader mix of religious backgrounds as workforces diversify. Second, employees have become more litigious, “and they’re well aware of the laws that give them the right to certain accommodations based on their religious beliefs.”

Yet the real question for today’s companies are whether they are seeing this and related employment discrimination litigation as a "problem" or at least some components as an opportunity to strengthen their businesses, Klopfer says.

The Iowa civil rights author is announcing three online workshops entitled “Five Costly Diversity Mistakes Companies Can Make and How To Avoid Them.” Sessions are set for Tuesday, August 10 and 24 and Wednesday, September 1 running from 2 to 2:30 p.m. Central time. There is no cost and attendees receive a free gift, Klopfer said.

For the Thur, Aug 12, 2010 2:00 PM - 2:45 PM CDT online session, click HERE now to register.

For the Tue, Aug 24, 2010 2:00 PM - 2:45 PM CDT online session, click HERE now to register.

For the Wed, Sept 1, 2010 2:00 PM - 2:45 PM CDT online session, click HERE now to register.

“As our country becomes more and more diverse in every aspect, from changing family structures and increasing minority population to changing religious patterns, there is great opportunity for the organization that adapts to and embraces diversity, and this will be the focus of these online workshops,” Klopfer said.

Klopfer, who holds a master’s degree in business administration from Indiana Wesleyan University, is also the author of three books on civil rights, including her latest, Who Killed Emmett Till?” Persons wishing to sign up for workshops can do so at Klopfer’s website www.susanklopfer.com.

###

Free Diversity Online Workshop Set for July 27

Diversity Workshop Announcement
Susan Klopfer
http://susanklopfer.com

A free 30-minute online workshop on Five Costly Diversity Mistakes Companies Make -- And How to Avoid Them is set for Tuesday, July 27 at 2 p.m. All participants will receive a special bonus offer for attending, valued at $500.

To register, go to https://www1.gotomeeting.com/register/265131664.