The Justice Department today filed suit against the Texas Department of Criminal Justice alleging that it violated Title VII by failing to accommodate a clerical employee's religious practice of wearing a head covering pursuant to her Ifa faith. The complaint (full text) in United States v. Texas Department of Criminal Justice, (SD TX, filed 5/3/2024), alleges in part:
34. Though Spears identified her belief in the Ifa faith and her religious practice of wearing a head covering, TDCJ was not satisfied that her religious beliefs were sincere or should be accommodated.
35. Instead, when Spears turned in her accommodation form, Fisk informed her that TDCJ would further research her religion and its practices. Spears questioned whether it was a normal practice to research religions. Specifically, she asked whether research would be done for more mainstream religions. Fisk indicated that it was not TDCJ’s normal practice.
36. On October 15, 2019, Fisk conducted an internet search of the Ifa religion and practices and faxed the search results along with Spears’s accommodation request to Terry Bailey for her consideration.
37. Then, on October 16, 2019, TDCJ further questioned the sincerity of Spears’s faith when Bailey mailed a letter demanding documentation or a statement from a religious institution pointing to the specific Ifa belief or doctrine that supported the necessity of Spears’s head covering. The letter also stated that TDCJ would not take any further action to review Spears’s accommodation request until the additional information was submitted.
The Department of Justice issued a press release announcing the filing of the lawsuit.
