In a case represented by Partner David B. Walston and Associate W. Steven Nichols, the client, a skilled nursing facility, was facing charges of religious discrimination and retaliation filed by the Plaintiff, a former employee, relating to her hijab. The Plaintiff twice interviewed for a job at the skilled nursing facility. In neither interview did the Plaintiff wear a hijab, discuss her religious affiliation, or any religiously-mandated requirement on her clothing.
Soon after starting work (it wasn’t her first day), the Plaintiff arrived wearing a hijab – a traditional Middle Eastern head covering – and the employer expressed concern about potential cross-contamination related to the scarf. The employer offered to transfer the Plaintiff to the night shift at the facility (when there are no visitors allowed and patients are asleep) or to the dietary department (where interaction with others is more limited). The Plaintiff declined these accommodations and, with her union’s approval, agreed not to wear the hijab at work.
After several weeks, the Plaintiff was terminated due to a violation of the facility’s attendance policy, and she subsequently filed charges of religious discrimination and retaliation against the employer. When conciliation attempts failed, the Equal Employment Opportunity Commission (EEOC) filed suit on her behalf. During the written discovery process, which was designed to involve the Plaintiff in litigation, the EEOC voluntarily and without settlement dismissed the action, citing the Plaintiff’s refusal to cooperate with the EEOC.