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Restaurant Settles EEOC Lawsuit Based on Denying Cook’s No-Sundays Request: 6 Steps for Handling Religious Accommodation Requests

Female shopkeeper sitting stressed out at the store entrance frustratedFemale shopkeeper sitting stressed out at the store entrance frustrated

Female shopkeeper sitting stressed out at the store entrance frustrated by the economic impact.

A North Carolina restaurant franchisee has agreed to pay $40,000 and take other corrective measures to settle a religious discrimination and retaliation lawsuit filed by the EEOC after being accused of denying a cook’s no-Sundays request. While restaurant employers have long been grappling with the challenges of a persistent labor shortage, and staffing becomes even more complicated due to employees’ individual availability and scheduling requests, this recent settlement highlights why it is crucial to understand the potential legal implications of denying an employee’s scheduling request when it is tied to a religious belief. Here is what you need to know about the settlement and six steps you can take to help protect your restaurant and comply with federal and local discrimination laws.

What Happened?

In January 2021, a restaurant in North Carolina hired a cook at a location in Charlotte. At the time of his hire, the employee requested and was granted a religious accommodation of not working on Sundays to honor his religious observances. A few months later, a new general manager decided to end the accommodation. After working two Sundays, the cook told the general manager he could no longer work Sundays pursuant to his religious beliefs. The restaurant summarily fired the cook. The GM also allegedly made comments such as “religion should not take precedence over [the employee’s] job” and that the cook “thinks it is more important to go to church than to pay his bills.”

The individual then took action and the U.S. Equal Employment Opportunity Commission (EEOC) filed a religious discrimination and retaliation lawsuit against the employer. It alleged that the GM’s alleged conduct violated Title VII of the Civil Rights Act of 1964 (Title VII). The parties reached a settlement agreement, which requires the employer to:

Religious Accommodations 101

Under Title VII, employers with at least 15 employees must provide reasonable accommodations to employees when they have sincerely held religious beliefs, practices, or observances that conflict with work requirements. Title VII casts a wide net, defining “religion” as “all aspects of religious observance and practice, as well as belief.”

Employers may deny religious accommodations only if they can show that the accommodation would create an undue hardship. Last year, a SCOTUS decision clarified that an employer must show that “the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business” to establish an undue hardship.

Religious accommodations in the workplace require a two-step analysis:

1. Does the employee have a sincerely held religious belief that conflicts with a job requirement?

2. Is there an accommodation that would remove the conflict without causing undue hardship to the employer?

6 Steps You Can Take to Comply and Protect Your Restaurant

Conclusion

We will continue to monitor developments, so make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information. For further information, contact your Fisher Phillips attorney, the authors of this Insight, any member of our Employment Discrimination and Harassment Practice Group, or any member of our Hospitality Team.


About the authors:

Ted Boehm is a partner in the firm’s Atlanta office and the force behind his clients’ labor and employment legal successes. He has litigated hundreds of cases, representing management in state and federal courts as well as before state and federal agencies including the Equal Employment Opportunity Commission and the United States Department of Labor. Ted is a core member of the Firm’s Wage & Hour Practice Group and a member of the Compensation Audit and Counseling Services team.

Having significant experience working with restaurant employers, Ted is also a key member of the firm’s Hospitality Practice Group, where he regularly advises his clients on compliance matters including the “tip credit.” He works closely with a variety of hospitality employers including franchisee associations in the quick service and casual dining space.

Harper Palmer is an associate in the firm’s Kansas City office and focuses on a variety of labor and employment matters, namely drafting workplace policies and employment-related contracts, including non-compete and non-disclosure agreements.

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