The following are examples of cases that are being litigated or have been reported...

A security guard who has worked at an art museum for more than 7 years is of Afghan origin, a naturalized citizen and a family man. He is suddenly fired from his job because he supposedly 'took too long' doing routine security rounds at the museum. He was fired after not receiving any notice that anything was wrong, in contradiction to normal museum operating procedures of issuing oral and written warnings. Also Mr. X is Afghan-American Muslim, the only non-white member of the staff. Is there something wrong here?

  • Would it matter that after September 11, 2001, he was ostracized by his co-workers and one of them falsely reported him to the authorities, accusing him of being a terrorist?
  • Would it also be of note that he was replaced by a worker who was not Muslim or of Middle Eastern origin?
  • Would it also matter that other security guards actually take longer to do the exact same security rounds as Mr. X?
  • Would it also matter that Mr. X never received a disciplinary warning up until he was fired?
  • Would it also matter that just two weeks before he was fired Mr. X got a merit raise?

This case is currently being litigated by the EEOC and the museum in question on the basis that the reasons given were a pretext and he was fired on the basis of his religion and national origin.

Insults & Injury

An African-American woman who converted to Islam was fired after being subjected to a religiously hostile work environment. She was treated worse than her fellow employees because of her religion. This hostile environment was evidenced by her manager putting down Ramadan by comparing it with the "Taliban" and other comments saying that, 'if she didn't like the country she should go back to Afghanistan,' only getting worse after September 11, 2001, also she was subjected to unjustified disciplinary measures as well which led to her being fired - all of this was seemingly endorsed by management.


The EEOC believed this was actionable, illegal discrimination the basis of creating a religiously hostile workplace and for unlawful retaliation. The woman is seeking monetary relief in the form of back pay, compensatory and punitive damages, a court order compelling affirmative measures to make sure this doesn't happen again and a permanent injunction that prevents future discrimination and retaliation against employees who file charges, participate in investigations or oppose discriminatory actions by the employers.

Ramadan and Scarves...
A Somali Muslim woman worked for a major national car rental company for 2.5 years. During each Ramadan, she asked to wear a scarf covering her hair and neck, which was consistent with her being a Muslim. During the first two years, 1999 and 2000 she was granted this accommodation. However, in December 2001 she asked again to wear the scarf but was prohibited from doing so on the basis that the company dress code forbade scarves. However, no such policy existed. The woman in question even offered to wear a scarf with the company's logo on it, and was again refused. Nevertheless, the woman wore her scarf, was disciplined, suspended and ultimately fired.


The case remains in litigation, but the EEOC saw it strong enough to take up the case on behalf of the woman on the basis of failing to accommodate religious practices.

 

Harassment During Prayers...
A group of 5 Pakistani-American Muslims pray at day at the steel plant at which they work. However, during prayers other workers can be heard calling them, "camel jockey," and "raghead." In addition to feeling humiliated the workers also receive the worst work assignments.

This case settled for more than $1million after the EEOC filed charges on the basis of national origin discrimination and religious discrimination.

Prayer Breaks?
Islam requires 5 prayers a day. A group of Muslim bank workers who make up the majority of workers (and are amongst the most productive) of a local bank's branch were told that they could pray but only outside or in the bathroom for midday prayers, despite the fact there was a conference room that was often unused but was considered off-limits to non-customers.

After calling a non-governmental organization for advice the employer and the employees sat down and reached an agreement to allow use of the conference room for prayers.

 

Scarves and Conversion...

A licensed nurse has worked for a dialysis center for three years. Up until 2001 there were no problems for the Caucasian woman who has been romantically involved with men of Middle Eastern descent and just before September 11, 2001 she converted to Islam and requested that she be allowed to wear a head scarf (Hijab) to work. She wore it to work one day after 9/11 and was asked to remove it and subsequently was allegedly verbally harassed by derogatory remarks sparked by September 11 events.

The case settled before litigation for $35,000 with the employer admitting no wrong-doing. The EEOC advised that employers should be on the guard for backlash discrimination because of being a particular religion, ethnicity or national origin or being perceived as such or associating with people who have these traits. .

No other reason but...

A naturalized Palestinian American citizen worked at a aerospace industrial company and for no reason was discharged on the basis of his national origin just days after September 11, 2001.

The EEOC filed suit and there is no report of the disposition of the case, one can presume the case settled.

 

(Source: EEOC & CAIR)