Tuesday, July 13, 2010

Prayer Over Co-Worker's Cubicle May Need To Be Accommodated Under Title VII

In Shatkin v. University of Texas at Arlington, 2010 U.S. Dist. LEXIS 68500 (ND TX, July 9, 2010), a Texas federal district court refused to dismiss a suit by two former development office employees at the University of Texas who were fired for praying over a fellow-employee's cubicle, and rubbing olive oil on the employee's metal doorway, in an after work-hours ceremony. The employees brought suit under Title VII of the 1964 Civil Rights Act alleging that the University failed to accommodate their need to pray over the cubicle. The two requested an accommodation as soon as they learned that their activities violated the University's property and anti-harassment policies. The court held that the employees did not need to inform the University of their need for an accommodation before they engaged in the prayer ceremony. (See prior related posting.)