Saturday, August 22, 2020

Summary Judgment Denied In Rastafarian's Title VII "Failure To Accommodate" Claim

 In EEOC v. Publix Supermarkets, Inc., (MD TN, Aug. 20, 2020), a Tennessee federal district court refused to grant summary judgment to the EEOC which claims that Publix Supermarkets refused to accommodate Guy Usher's Rastafarian religious beliefs that require him to wear his hair in dreadlocks. The court held that disputed issues of fact remain as to whether the Usher informed Publix that its grooming policy conflicts with his religious beliefs, and that factual questions remain as to whether Usher holds sincere religious beliefs on the matter. The court also allowed the EEOC to move ahead with its failure-to-hire claim, but not with its constructive discharge claim.